Study On Burden Of Proof Of The Defendant

Burden of proof is under the attention of many scholars over a long period of time. The study of burden of proof of the defendant is undeniable comprised in burden of proof and it has important meaning. This essay is a preliminary study of burden of proof of the defendant.Firstly, the thesis studies the essentials of burden of proof of the defendant. On the based of clarifying the double meanings of burden of proof, it analyses the legal principle of burden of proof of the defendant and definitudes that it has important significance that the defendant shoulder the burden of proof in the specifically cases. It orientates the character of burden of proof of the defendant as the exception of the principle of burden of proof. It determines the nature of the burden of proof of the defendant by comparing it and that of the prosecuting party. It definitudes the connection of understand and allegation and burden of proof of the defendant. It compartmentalizes the burden of proof of the defendant into two styles: the inversion of burden of proof and the diversion of burden of proof.The legislation and practice of burden of proof of the defendant in the overseas has good use for reference of planning of our system. The thesis reviews the distribute theory of burden of proof and the legislation of burden of proof of the defendant in continental law system and Anglo-American law system. The study above establishes the foundation of our consult.The research on theory serves justice finally. To put the theory into our judicial practice, the thesis advances the conceive system of burden of proof of the defendant in China. In the first place, it thinks over the correlative theory and summarizes several factors concerning the system. On the groundwork of sum up of two types of burden of proof of the defendant, it systemically and clearly regulates the confine of burden of proof of the defendant in China. Ultimately, the thesis discusses a few issues correlating system of burden of proof of the defendant to complete the designment of burden of proof of the defendant in China.