The Criminal Burden Of Proof In A Number Of Issues Discussed

As the bridge which connects the procedural law with the substantive law, the burden of proof plays an important part in the criminal procedure. Since the period of Roman law, it has been embodying in the theories and the legislation in lots of countries around the world. In China, it has been studying for a long time. But there are still many defects in our research nowadays. On the background of modern idea and legislation, it is necessitated to probe into the essence and objective law of the burden of proof by the development of the modern theories and practice of the procedure. This essay dwells on the burden of poof from three aspects. The first chapter mainly expounds the conception of the burden of proof There are different opinions about that in different countries because of the dissimilarities of the idea. ~ structure and legislation of the procedure. On the basis of analysis of those opinions, the author examines and reflects that in our country, and expresses her own viewpoints. The second chapter discusses the assignment of the burden of proof The author investigates the practice of that in history and in modern world and reveals the theoretical and practical bases which are determinant. The author then brings up the principle of assigning the burden of proof in our country. The third chapter explores the standard of proof from the angle of the burden of poof. The author analyses the different standards of proof applied to different stages~ subjects and the facts to be proven. And then, some suggestions are put forward.