民事诉讼举证责任倒置刍议

举证责任倒置是举证责任分配的一个重要内容 ,2 0 0 1年 1 2月最高人民法院《关于民事诉讼证据的若干规定》(以下简称《规定》)第 4条也被认为是关于举证责任倒置的较为完善的条款 ,但对于什么是举证责任倒置 ,举证责任倒置与举证责任转移有何区分 ,《规定》第 4条作为规定举证责任倒置的条款是否还有缺陷等问题 ,学界似乎少有关注 ,不少问题是悬而未决的

My Meager Opinion about the Inversion of Burden of Proof in Civil Proceedings

The inversion of burden of proof is an important subject of the allocation of burden of proof. Article 4 of the Several Rules on Civil Litigation Evidence (hereinafter Rules) made by the Supreme People's Court in Dec. 2001 is also been viewed as a quite perfect clause about the inversion of burden of proof. However, attention of the academic field has seldom been paid to the following questions: the definition of inversion of burden of proof; the differences between inversion of burden of proof and transfer of burden of proof; the limitation of Article 4 as a clause of inversion of burden of proof, etc. Many are pending questions.