实行当事人主义原则的国家的民事诉讼法,只规定当事人举证,法院不存在收集证据的责任。采用职权主义原则的国家的民事诉讼法,只规定法官收集证据,不太强调当事人有举证责任。我国的民事诉讼法既不采取当事人主义原则,也不采用职权主义原则,而是既规定当事人对其主张有提供证据的责任,同时也规定人民法院负有全面、客观地收集和调查证据的责任,就是说, The civil procedural law of the country that adopts the principle of adversarial principle only stipulates that the parties should give evidence and the court does not have the responsibility to collect evidence. The civil procedural law of countries that adopt the principle of authoritarianism only provides for the judge to collect evidence and does not emphasize the parties’ burden of proof. China’s civil procedure law neither adopts the principle of party principle nor does it adopt the principle of power. It not only stipulates the parties’ responsibility to provide evidence for their claim, but also stipulates that the people’s court bears the responsibility of collecting and investigating evidence in a comprehensive and objective manner ,that is,