On Innocent Defense Matter's Burden Of Proof

Burden of Proof is important content of proving system,is also one of difficult.The articles and books on the object are huge.The searching on burden of proof in our country is generally take a crime or a kind of crime as an angle of view,and unifies the body's status in criminal procession to discuss the rules of burden of proof.This article discuss our country theories of the question by selecting the innocent defense matter as an angle of view,which has both the criminal substantive law significance and the criminal procedural law significance,unifying the theory of composition of crime,and comparing correlation theories and practice of German,Japan,the UK and US.There are five parts including introduction and appendix,gathers 35,000 charactersThis introduction part divides into three parts.Firstly,this part introduced present situation of researching on burden of proof theory overseas;Secondly,this part elaborate the three big deficiencies on the research of the criminal burden of proof in our country,which is the article research motive;Thirdly,this part introduced three reasons of selecting the innocent defense matter's burden of proof;Finally,this part expounded that the article profited from "Die Normentheorie","the benefit weight theory","the fact estimated theory" and so on,unified the theory of composition of crime,used the way of comparison,and give the explanation of related item.The first part of the article has carried on a more thorough discussion on the innocent defense matter.This part has discriminated the defense concept,defined the word of defended similarities and differences between China and overseas,introduced the meaning of the word—defense and the innocent defense in this article,then discussed the innocent defense matter's the concept and characteristic.Based on this,this part discussed with emphasis to the innocent defense matter in the substantive law classification.In comparison innocent defense matter's classification under take Germany-Japan as representative's mainland legal system progressive type crime constitution theory and take UK and US as under representative's double-decked crime constitution theory,this part has discussed the corresponding relationships of the innocent defense matter's classification under two different crime constitution theory,summarized that there is a estimation relations between the constitutive elements of crime,and innovatively classified it to foundation fact of the crime constitution and estimation fact of the crime constitution.Reconsidered and examined theory of the coupling type crime constitution and classification of the innocent defense matter's under this theory in China,thought that crime constitution theory has three big diseases.Then,it elaborated briefly the necessity and the possibility of build estimate relational between the elements of crime constitution.Reclassify the innocent defense matter under the new crime constitution theory,so as to research the innocent defense matter's burden of proof.The second part of the article elaborated the assignment of the burden of proof on the innocent defense matter.The burden of proof assignment theory is the basic theory of the innocent defense matter's burden of proof.This part discussed the burden of proof assignment's basic principle and function before the introduction of innocent defense matter's burden of proof.The article proposed and has proven that the burden of proof assignment basic principle is only two items,they are the innocent estimation principle and the benefit weight principle,other principles were derived by the two.The burden of proof assignment not only has the entity fair function,but also has included the lawsuit function.Based on this, this part compared the theory and the practice on the innocent defense matter's burden of proof among the four countries—German,Japan,the UK and US,summarized the four country's similarities and differences.Examined the problem on the object in China,proposed and proved that we should establish the innocent estimation principle and the benefit weight principle which are the two items of burden of proof assignment basic principle,establish the general rule system of the innocent defense matter burden of proof assignment.The third part of the article introduced briefly the application of the legal norm which stipulates the innocent defense matter's burden of proof.Moreover,this part introduced briefly four countries' standard of truth unclear judgment,which is the proof standard.Due to the length and ability limit,this part only did a brief discussion and introduction on the above content,and did not launched the detailed elaboration.The part has not carried on thoroughly the resonsideration and discussion on the correlation theories in China.The last part of the article is appendix.The discussion about the burden of proof on innocent defense matter is only a opening,far has not finished.The realistic possibility of the suggestion or countermeasure which were proposed by the article also has not proven. Moreover,there are many questions have not concerned and solve,however these questions use for reference with the improvement of the burden of proof assignment rule of the innocent defense matter are closely related,and are the very realistic questions.In this part,it proposed the question that waits for the deep research.