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Talk About The Proof Of Criminal Defendant

Posted on:2012-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z H WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The allocation of the burden of proof in criminal law of evidence has always been one of the core issues. It is significant for a fair and efficient litigation tasks to clear distribution of the burden of proof. In criminal proceedings, according to the presumption of innocence, the burden of proof should lie on the prosecutors, which are the base rules in many countries. As an exception to the rules, the defendants should also assume the burden of proof. Through studying criminal legislation in many countries, we can find the examples about it. However there is a legislative gap in our country now. At the same time, theorists and practitioners are not on common understanding. Judicial reform of justice has always been one of the important values. In the field of criminal justice, Study session to justice the main idea is, to give the defendant more fully and more effective right to defense. In different, The author attempts to allocate the burden of proof in criminal as the starting point, and arounds the prosecutor and the accused the burden of proof between the distribution issue, to find another way to achieve justice.This paper is divided into four parts to discuss the burden of proof on the defendant.The first part of the paper is the systemic exposition for the criminal proof theory, which is the base of the whole paper. The second part is from the perspective of comparative law assumes the burden of proof for criminal defendants Foreign Investigation. Through making contrast to the concepts of criminal proof between common law and civil law, then clarifying the rich connotation of the burden of proof, the writer proposes the phase theory about burden of proof. The third part is the responsibility of the defendant considered the reality of justice in our state; The forth part of the paper is the key and difficult part, which analyzes the deficiency on the theory and practice on the burden of proof in our country, and proposed the thinking and advice on the system of defendants'burden of proof.
Keywords/Search Tags:Burden of Proof, Burden of persuasion, The burden of production of evidence, Right to defense
PDF Full Text Request
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