Study On The Distribution Of The Criminal Burden Of Proof

The allocation of criminal proof responsibility is one of the core issues, as well as key norms in the substantive criminal law. How do we protect the accused adequate defense while the norms of substantive criminal law regulating the functioning of the judicial become genuine? How do we make the provocators bind by the legal norms and not violate human rights, while consistent with common sense to complete the complaints tasks? From the perspective of the overall integration into the criminal, the burden of proof in the criminal aspects of reasonable allocation, assuming that the accused might also be an important solution. The article is made up of five parts.The comparison of criminal proof responsibility between the two legal families.The author mainly introduces criminal proof responsibility in the Roman law,the common law system and the civil law system. The author introduces and summarizes their concept, main allocation characteristics and differences.The concept of criminal proof responsibility in China.This part is mainly about the concept of burden of criminal proof in Chinese criminal action. Firstly, the author concludes the attitudes about criminal proof responsibility. There is three doctrines on criminal proof responsibility put forward by our academics: Acts-responsibility Doctrine, Results-responsibility Doctrine and Dual-meaning Doctrine. The author agrees with the Dual-meaning Doctrine, and defines the concept of criminal proof responsibility based on this doctrine. Secondly, the author clears up the relationship between criminal proof responsibility and burden responsibility usually confused by our legal theorists and practicians, and points out that the two concepts are interrelated and mutually distinction. During the overall criminal process, the two concepts are the use of a phased process of dynamic change, with different subjects reflected in the various stages from an...