在赋予法官证明责任分配的自由裁量权的同时,完善规范说,以之为主导形成统一的证明责任分配标准,并合理吸收消极事实说、外界事实说、危险领域说和盖然性说的合理价值,作为规范说的补充制度,以平衡当事人利益,既是制约法官自由裁量权的保障,也可以为将来构建我国证明责任分配体系积累经验。 While giving the judge the discretion to prove the distribution of responsibility, the standard of regulation should be improved to form a uniform standard of distribution of burden of proof and to reasonably absorb the negative facts, the facts of the outside world, the reasonable value of the dangerous domain theory and the probabilistic theory, As a supplementary system of norms, in order to balance the interests of the parties, it is not only a guarantee to restrict judges’ discretion, but also can accumulate experience for the future to establish our country’s distribution system of burden of proof.