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A Study On Distribution And Shift Principle Of Burden Of Proof In Criminal Procedure

Posted on:2008-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:T WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The burden of proof is passed through the criminal evidence legal principle theory of law to discuss the system a master line, is the engagement proof main body. The certificate object and other each link, discusses in the system in the evidence legal principle theory of law to hold the important status. The various countries' scholar devotedly launches the research to it. Compares with the overseas scholar, our country still compared in this domain research lags. Since long ago, the scholar mainly rigidly adheres to the legal terminology discrimination or only pauses is presenting evidence pure theory scopes and so on the responsibility connotation, nature carries on the elaboration. The rule about proof decides the burden that the bodies undertake in criminal procedure, and decides the result of the criminal litigation accordingly. The traditional theories about the burden of proof concentrate mainly on the flied of Criminal Procedure law, but in fact, from the situation about the burden of proof in criminal procedure in the world, we can find that the prosecutor only proves the action of the accused is in accord with the essential element of the constitution of crimes, and the defendant should prove the elements of the constitution of crimes that deny the crimes. Shifting of burden and reversing of burden are both exception of the accuser's sharing the burden of proof. Therefore, the author acts according to oneself pondered this question and the attainment in the union judicature practice, exists the prominent question tastes the preliminary discussion, causes the educational world and the judicial practical realm attention by the time, discusses this evidence legal principle theory of law in the system, and makes the important question's research deeper.
Keywords/Search Tags:The burden of proof, Proof standard, Justice of criminal procedure
PDF Full Text Request
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