Research Of Proof Of Criminal Defendant

The burden of proof of the criminal defendants is a difficult problem to solve,whether in theory or practice. And the most critical issue is in what circumstances,the defendant bear the burden of proof and which kind of the burden of proof. The dichotomy is used the burden of proof structure in this text,which is,Provide evidence responsibility and the burden of persuasion,in order to study the burden of proof of criminal defendant. At the same time,this text selects matters of both the meaning of substantive criminal law and criminal procedural law as the perspective,combined with our status of the burden of proof of criminal defendant to analysis,and compares with the United Kingdom,United States,Germany,France,Japan,the five countries'the related theory and practice of the burden of proof criminal defendants,and starts to probe our burden of proof of criminal defendant's theory.This thesis is composed of the following 5 chapters.Introduction of this text introduce status and motivation,research methods of the burden of proof of criminal defendant briefly. This section introduces the status of foreign about the burden of proof of criminal defendant's theory,and then elaborates the inadequacy of our country on the burden of proof of criminal defendant,that is the motivation of this text. Finally,this text describes the research method is used,the purpose and significance briefly.In the first chapter,it proposes a more thorough discussion for the burden of proof of defendant. Firstly,it clear the concept and the nature of the burden of proof of criminal defendant. On this basis,it analyzes the burden of proof of criminal defendants and the difference of the prosecution the burden of proof particularly. It illustrates the essential distinction of the burden of proof of defendant and the prosecution the burden of proof. Finally,it illustrates the relationship between the burden of proof of criminal defendant and the principle of"presumption of innocence"for establishing the system of the burden of proof of the defendant.The second chapter,it analyzes the principle of defendant bear the burden of proof in theory,and clears the defendant to bear the burden of proof in validity and rationality. It proposes and proves the defendant bear the burden of proof is mainly based on requirements of the principle "who advocates,who proofs",criminal policy,procedural justice,litigation efficiency. Then it analyzes the relationship between the plea and the burden of proof of the defendant.The third chapter,it analyzes the current situation of the burden of proof of defendant in our country,and clears that there are many problems in system of the burden of proof of criminal defendant. Such as whether criminal defendants undertake the burden of proof,criminal defendants assume what kind of proof responsibility unclear ,sentencing plot proof responsibility unclear, procedural matters proof responsibility unclear , standards of proof of criminal defendant lacks definitive , criminal defendants to perform the burden of proof conditions inadequate.The fourth chapter,it compares and investigates the burden of proof of criminal defendant's rule for distribution's theory and practice in the UK,the U.S.,Germany,France,Japan ,comparing and summarizing similarities and differences of these countries. It reviews problems of the burden of proof of criminal defendant's principle and rule for distribution in our country. Based on the principles in establishing the presumption of innocence ,it proposes that our country should establishes some meaning of reference rules of the burden of proof of criminal defendant.The fifth chapter,by means of the preamble,it borrows some ideas from the analysis of our burden of proof system and foreign countries legislation and practice,it summarized that there are difficult problems when our country establish the system of the burden of proof of criminal defendant. We can not truly establish the burden proof of criminal defendant system in China,until we solve these realistic problems.At last,it proposes the basic principles of our country establishing the burden of proof of criminal defendant and some specific recommendations about in view of our present status. In the end of the text,from some procedures,such as,expanding the scope of criminal defendants acquiring legal aid,enhancing the right of counsel's investigation and perfecting the system of the burden of proof of criminal defendant suppressive detention,it proposes guaranteed recommendations of our country's criminal defendant bear the burden of proof.