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Criminal Defendants The Burden Of Proof

Posted on:2011-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:C HongFull Text:PDF
Abstract/Summary:PDF Full Text Request
Bearing the burden of proof in the criminal system is important issue in criminal evidence system. It has important guiding significance in the theory and practice of the criminal procedure. It is the general allocation that the prosecution bear the burden of proof and the accused doesn't undertake the burden of proof to prove his guilt in criminal proceedings. With the development of criminal procedure. the defendant should bear the burden of proof in a number of specific circumstances. This situation has specific legislation and judicial practice in abroad, Hong Kong and Taiwan regions, but in Our criminal procedure, the provisions on this aspect are still not clear and specific, the defendant has cast off the heavy burden of proof in judicial practice, the theoretical and the practical community's understanding of justice can not be reached. In the context, the discussion on criminal defendants'bearing of the burden of proof will bring great practical significance to the future criminal legislation and practice of China.This article starts from grasping the meaning of the criminal burden of proof accurately and introduce the theoretical basis that the defendant bear the burden of proof with legislative and judicial practice of China. The gist of this article is that the defendant should bear the burden of proof in some specific cases. In view of the serious gap in the legislation and practice of judicial reality on this problem, the third part focused on the perspective from a comparative analysis of the Hong Kong and Taiwan regions and foreign criminal legislation and jurisprudence, they provide the reference model for improving our criminallegislation about the defendant's burden of proof. On the basis, the author propose some suggestions to regulate judicial recommendations on the defendant's bearing of the burden of proof so to limit the phenomenon that the prosecutor's arbitrary shifting burden of proof, so that the defendant will not assume the burden of proof. It isn't only their obligations.The defendant's burden of proof is the reunification of right and obligation, the defining of the scope on the defendant's burden of proof clearly can solve the serious gap in the legislation and practice of judicial reality, allocate the burden of proof in criminal proceedings more scientifically and rationally and safeguard the rights and legitimate interests of the defendant's actions.
Keywords/Search Tags:Criminal burden of proof, The accused, analysis, Legislative proposals
PDF Full Text Request
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