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On The Proof Of Responsibility Of The Defense

Posted on:2015-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:D L LvFull Text:PDF
GTID:2176330431969701Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In our law and judicial practice,the burden of proof in criminal proceedings are borne by the prosecutor,the defense hardly bear any burden of proof.This is not conducive to find out the truth and efficiency of the proceedings.This article analyze the theoretical problem that the criminal defendants bears the burden of proof. And through reference to other state institutions,it make reasonable proposals for building our system. This article can be divided into five parts:The first part mentions a problem provoke thinking and discusses the basic theory of the burden of proof, including the concept of burden of proof and elements of litigation prove. This section also analyze the feature of criminal burden of proof.The second part discusses the criminal burden of proof, illustrates that the objective burden of proof assigned by law and the subjective one assigned by the judge. This section also discusses theoretical foundation of the criminal burden of proof and analyze the legitimacy that criminal defense bears the burden of proof.The third part inspects foreign systems that defense bears the burden of proof.The fourth part analyzes the system that China’s criminal defense bears the burden of proof,points out the existing problems and provides relevant programs to building the system, in particular learning from the civil action theory, determined the of the range defense burden of proof on the basis of classify elements of crimes.
Keywords/Search Tags:Criminal procedure, Burden of proof, Responsibility is assigned, Legal requirements classification
PDF Full Text Request
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