Study On Burden Of Proof Of The Defendant

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.Firstly,the thesis studies the essentials of burden of proof of the defendant. On the based of clarifying the double meanings of burden of proof, it analyses the legal principle of burden of proof of the defendant and definitudes that it has important significance that the defendant shoulder the burden of proof in the specifically cases.The legislation and practice of burden of proof of the defendant in the overseas has good use for reference of planning of our system. The thesis reviews the distribute theory of burden of proof and the legislation of burden of proof of the defendant in continental law system and Anglo-American law system. The study above establishes the foundation of our consult.The research on theory serves justice finally. To put the theory into our judicial practice, the thesis advances the conceive system of burden of proof of the defendant in China.