On The Criminal Defendant's Burden Of Producing Evidence

In the litigation procedure, when a case does not be proofed and the judge must make a decision, the burden of producing evidence will become the criteria that a judge should according to, in fact, it has become a tool that allocate risk of victory or lose to the party. The burden of producing evidence,which makes a great significance to the criminal practice, is an important issue. The party making the accusation of wrongdoing bears the burden of producing evidence is the general rules in the criminal evidence system, but with the development of criminal proceedings, there is sometime that the criminal defendant bears the burden of producing evidence obligations under certain conditions. The criminal defendants bear the burden of producing evidence have legislative provisions in China's Hong Kong and Taiwan area and foreign countries. In the revision of the Code of Chinese Criminal Procedure Law in 1997, the practice that criminal defendant bears the burden of producing evidence in advisory system country is absorbed by our country, but the provisions in the Criminal Procedure Law are not very clear and specific, and the theoretical circles lack attention and study to this issue, so a big difference about this issue presents. These problems produce many unnecessary obstacles to the process of research, and the situation that the criminal defendants bear the burden of producing evidence is not fully contained in the legislative provisions, which makes the theory and practice seriously out of line. As a result, researching into this issue will have very important significance to China's criminal legislation and judicial practice.In the criminal proceedings there exist presumption of innocence and the difference of procedure structure between the adversary system and the inquisitorial system present terms of reference of the differences in the structure of the proceedings, the distribution of the burden of producing evidence is different not only between the criminal and civil provisions but also between the common law and civil law countries. Though the legislative and theoretical study of China's Criminal Procedure Law have reached a certain degree of consensus about the onus of proof of the prosecution, whether the accused should bear the burden of producing evidence and what is the basis for the defendant to bear the producing evidence, and its concrete meaning and the standards are all not very clearly. The article desire to improve the narrow and ambiguous status quo in criminal legislation, in order to do favor to the court reform and to achieve justice.Taking whether the criminal defendant bears the burden of producing evidence and its allocation as the core, by analyzing the basic connotation of the burden of producing evidence, this text has discussed whether the accused should bear the burden of producing evidence and its specific meaning ,and has analyzed the specific circumstances on the burden of producing evidence of the defendant in the criminal legislation in Hong Kong and Taiwan area and abroad to facilitate the improvement of China's criminal legislation, about the shortcomings and problems in the criminal legislation, theoretical research and the judicial practice ,the article has also supplied suggestions to improve the criminal legislation and related system.