在对抗制诉讼机制下,由一个中立的裁判者做出裁决时,证明责任及证明标准对诉讼结果将产生关键性影响。当事人诉讼平等是对抗制诉讼机制实现司法公正的理论前提,也应成为确定民事证明标准的法理基础。当事人诉讼能力平等是确定证明标准的前提,风险平等是确定证明标准的底线。合理的证明标准应使诉讼风险、错误裁判几率、错误裁判的潜在损失及成本在当事人之间平等分配。一般而言,低要求的证明标准较高要求的证明标准更有利于实现当事人诉讼平等。 In the adversarial system of litigation, when a neutral judge makes a decision, the burden of proof and the standard of proof will have a crucial impact on the outcome of the litigation. The litigant’s equality of litigation is the theoretical prerequisite for the system of judicial proceedings against the litigation and should also serve as the legal foundation for determining the standard of civil proof. The litigant’s equality of litigation ability is the prerequisite of confirming the proof standard, and risk equality is the bottom line of determining the proof standard. Proper standards of proof should make litigation risk, the probability of misjudgment, the potential loss of misjudgment and costs equally distributed among the parties. In general, the lower standard of proof required by the higher standard of proof is more conducive to the realization of equality between the parties litigation.