按照“谁主张 ,谁举证”原则和最低限度事实说 ,适航义务的举证责任应当由主张免责不能成立的索赔方承担 ;然而从程序公正的角度考虑 ,由承运人承担适航义务的举证责任又较为合理 ,这两者的矛盾是合法性与合理性的矛盾。既然将合法的东西变得合理较之将合理的东西变得合法要困难得多 ,本文建议尽快以立法的方式对这一问题予以解决。 According to the principle of “who claims and who testify” and the minimum truth, the burden of proof on the obligation of airworthiness should be borne by the claimant who claims that the exemption can not be established. However, from the perspective of procedural fairness, the burden of proof on the carrier’s commitment to airworthiness But also more reasonable, the contradiction between the two is the contradiction between legitimacy and rationality. Since it is far more difficult to rationalize what is legal than to make what is reasonable, this article suggests that the issue should be resolved by legislation as soon as possible.