Discussion About Burden Of Proof In Criminal Procedure

The study and construction of burden system of proof is an ever developing and changing historical process. Burden of proof is not only a process and mechanism of investigating into a case but also a problem closely related to personal rights, country and citizen. The change and development of burden system of proof are bound up with the changes of litigation mode, structure of litigation, national policy and social concept, etc. However, the research on our country's burden distribution system of proof still stays at the level of epistemic means under the guidance of objective epistemology. And therefore, the establishment of value theory is an important problem in the study of burden system of proof. The main object of proof in burden system of proof of the prosecutor comes within the range of theoretical standards of constitution of crime in substantive law, the principle of distribution of burden of proof and specific distribution are derived from the applicable way of procedural law and proof process itself is the advancing process of procedure. Although there are many disputes about the problem that burden of proof belongs to substantive law or procedural law, the formation of standards of burden of proof is undoubtedly a bridge of communication between substance and procedure as well as the meaning of establishing criminal burden system of proof. This paper seeks for the related theories of burden of proof in our country's criminal procedure by combing, summing up and recollecting the above problems systematically.The full text is divided into four parts. Part one discusses basic theories of burden of proof in criminal proceedings, including different definitions of burden of proof in two law systems. Through comparison, it combs the meanings of burden of proof in Continental Law System and Anglo-American Law System and expounds the value and theoretical basis of burden of proof in criminal proceedings.Part two discusses the assumption of burden of judicial and procuratorial organs in criminal proceedings, namely burden of proof and true obligation of court and procuratorate. Part three discusses the legislation and judicial practice of burden of proof in our country's criminal proceedings. It analyzes and discusses the problems about burden of proof in our country's criminal proceedings.Part four echoes with Part three, it puts forward some thoughts of the author on perfecting the burden of proof in our country's criminal proceedings to make people have a clearer impression on the problems about burden of proof in criminal proceedings.The full text revolves around the problems about burden of proof to unfold and discusses and analyzes the burden of proof in criminal procedure by comparative analysis, connection between theory and practice, empirical analysis and summary to comprehend the connotation of criminal burden of proof, thereby playing a certain guiding role in judicial practice.