Abstract: The continental law system and common law system apply different methods to resolve disputes. Advantage standards of proof and high standards of proof are the most significant differences of characterization. The court to judge the case is based on the burden of proof, become the normality of the judicial practice, which distorts the original idea of the system.The judge jurisdiction involve in objective proof responsibility, thus hitting the fundamental theory of proof responsibility. There are some problems in the result of Judgments. The burden of proof theory is only limited in the field of objective burden of proof, which is not scientific practice. The research of Subjective burden of proof will be a new field, which focuses on assisting codes of conduct evidence and the corresponding proof of responsibility.