试析诉讼时效的证明责任

诉讼时效关系着诉讼的胜败,意义十分重大.在我国,存在诉讼时效证明责任分配不明确的问题,使诉讼时效的立法目的无法实现,有时甚至适得其反.因此,随着我国民事审判制度改革的深入,在证明责任分配上确立诉讼时效审查时的法官不自动援引原则的基础上,由原告承担诉讼时效未完成的证明责任,被告承担诉讼时效完成的证明责任,这样,既符合诉讼时效的立法目的,又有利于我国司法公正.

On Burden of Proving the Limitation of Action

Limitation of action is essential for the victory of the litigation.However,few systemic research or special discussion concerning the topic of burden of proof about the limitation of action has been done.This results in confusion both in theory and practice.There exists problem in our country,such as ambiguity in allo- cation of proof burden.As a result,the legislation purpose of limitation of action has not been realized,and sometimes has been on the contrary.Therefore,by the deep reformation of civil action,we should establish the law principle of no invoking by judge self-motion at first.Also we should establish the rule that the plaintiff should be in charge of the burden of proof which the limitation had not been finished,and then,the accused should be charge of the burden of proof which the limitation had been finished.Thus,it not only accords with the legislation purpose of limitation of action,but also benefits to fairness of justice.