Study Of Subject Of Proof In Criminal Procedure

The criminal subject of proof is public prosecutor and litigants who based on the procedures required by laws, offer evidence and use it to prove contentious facts and further propositions. We should research the proof problem from different angles, such as subject of proof, burden of proof, or standard of proof. It extends a new horizon to research the proof problem with subject of proof as the mainline of the whole proving process. The Triangular Procedural Model demands that both public prosecutors and litigants should assume the responsibility of proving. The Epistemology supplies philosophical guide for subject of proof to take the burden of proof. The subject of proof includes public prosecutors, defendants, plaintiffs in private suit and victims in criminal procedure attached by civil procedure. Public prosecutors and defendants are chief parties of the subject of proof in criminal procedure. By analyzing the connections and differences among similar concepts such as subject of proof and subject of criminal procedure, we can get a better insight into subject of proof. The thesis concretely studies the subject of proof from the sides of proposition, object of proof, burden of proof, distributing of burden of proof and standard of proof.The standard of proof, for public prosecutors, should shift from the previous"case facts are clear, and evidences are true and ample"to the more operative"Beyond a Reasonable Doubt". Defendants can put forward their propositions and should take full burden of proof—burden of persuasion and burden of producing evidence. The standard of proof of"Possibilities have an upper hand"should be adopted to defendants. The reason for this is based on protecting defendants'procedure rights. On relative viewpoints on modern criminal procedure, they do not possess components that qualify them to be criminal subject of proof. Judge and investigator can not be the subject of proof. Although they are the traditional subjects of proof, in fact, they do not have the essential factors of the subject of proof. Studying the subject of proof fully and concretely doubtless will facilitate on the study of the proof problem. If burden of proof is called the backbone of criminal procedure, the subject of proof can be called the carrier of the backbone of criminal procedure.