在民事诉讼中,证明责任是民事诉讼的核心,而证明责任的分配则是核心中的核心。证明责任的分配与当事人的程序利益和实体利益密切相关,其分配规则不仅需要一般规则,还需要特殊的补充规则,甚至需要法官的自由裁量。本文主要论述了证明责任分配的相关学说以及我国证明责任分配的原则,最后阐述了法官自由裁量权在民事诉讼证明责任分配中的适用。 In civil litigation, the burden of proof is the core of civil litigation, and the distribution of burden of proof is the core of the core. The distribution of burden of proof is closely related to the procedural and substantive interests of the parties involved. The distribution rules need not only general rules but also special supplementary rules and even the discretion of judges. This paper mainly discusses the related theories of the distribution of burden of proof and the principle of the distribution of burden of proof in our country. Finally, it expounds the application of the discretion of judges in the distribution of the burden of proof in the civil litigation.