On Burden Of Proof Of The Accused In Criminal Litigation

Burden of proof in criminal litigation is the important issue in proof regime. It has significant conductive purport to criminal procedure practice. The burden of proof should be on principle assumed by the accuser in criminal litigation. However, with the development of litigation, under a particular condition, there is the situation that the burden of proof of the accused in criminal litigation. In legislation and practice of foreign countries, regions of Tai Wan and Hong Kong, there are prescripts in which the burden of proof should be undertaken by the assumed. But the relative prescript in China is not definite and specific, and it doesn't come into being the united recognition in theory. Therefore, research on this field is very vital to the legislation and practice of our country.The thesis is composed of four chapters. The first chapter summarizes the burden of proof in criminal litigation and its basic principle and theoretical foundation. The second chapter discusses the theoretical foundation and characteristic of the burden of proof of the assumed and analyses the relationship among the burden of proof of the assumed, principle of presumption of innocence and privilege against compulsory self-incrimination. It also expounds the deference between the burden of proof by the assumed and by the assumer. The third chapter introduces the legislation and practice in the field in our country on the basis of it in foreign countries and regions of Tai Wan and Hong Kong. The forth chapter assays the eight situations about improvement in the burden of proof of the assumed in China after bringing up the confirmation of principle and limitation in the field.