１．“谁主张、谁举证”是否证明责任分配的基本原则。我国现行《民事诉讼法》第６４条遵循试行《民事诉讼法》的表述，规定“当事人对自己提出的主张，有责任提供证据。”据此，“谁主张、谁举证”似乎或确实被理论界和实务界奉为一条深信不疑的证明责任分配标准。笔者认为“ 1. “Who advocates, who evidence” whether to prove the basic principle of responsibility distribution. Article 64 of the current Code of Civil Procedure of our country follows the example of the trial of the Code of Civil Procedure and stipulates that “the parties have the responsibility to provide evidence for their own claims.” Accordingly, “who claims that who evidences” appears or is indeed theoretically Industry and practice as a convincing proof of responsibility for the distribution of standards. the author thinks"