The Criminal Burden Of Proof Allocation Rules Research

The allocatioin of the burden of proof is one of the most complex questions in procedural law, it is called "guess-level" problem. The allocation rule is actually a specific standard of burden of proof, but not an abstract principle, which disperses in the substantive law and procedural law. Regardless of civil law or common law, criminal law or civil law, no universal standard exists, and the specific allocation of buren of proof should be analysed under specific conditions. Purpose of the study is to construct an allocation rule of burden of proof which is a combination with dynamic and static, not to study the specific allocation of burden of proof in criminal charges.The dissertation consists of four parts. The first part is a discussion of the concept of burden of proof and allocation of burden of proof. Firstly the author makes a compared study on the concept of burden of proof in civil law and comm law. Then the author introduces the defenition of the allocation of burden of proof and proposes the legal spirit and value embodied in.The second part is about the basic princiles of allocation of burden of proof in criminal area, which include of presumption of innocence, the privilege against self-incrinimination, in dubio pro reo, and criminal presumption.The third part is about the transfer rules of burden of proof, concerning the definition and internal spirit and primary rules of the transfer of burden of proof.The fourth part is about the specific articles in criminal laws, and the problems existed in laws. Then the authour makes recommences in definition reconstruction, and establishment of the proving standards and basic rules of the transfer of burden of proof.