The Exception To The Prosecutor The Burden Of Proof In Criminal Proceedings - Criminal Defendant The Burden Of Proof

In respond to the rule of Presumption of Guilt in Chinese feudal system, Chinese theoretical circle is of the opinion that under the rule of Presumption of Innocence, the defendant does not undertake the burden of proof to prove that he is innocent The author determines that under the rule of Presumption of Innocent, the defendant, in specific stage of the criminal proceeding, has to bear the burden of proof for some of the facts, which is not a limit of the defendant's rights, but rather a kind of safeguard measure. It is the widespread point of view in the theoretical field that gives birth to the confusion in the judicial practice, thus casing certain damage to the defendant's interests, in respect to which the author is to argue in the following three parts.In the first part, the author offers a definition of burden of proof in the criminal proceeding; then, the author analyses the distribution of burden of proof in the criminal proceeding. The author is of the opinion that in certain circumstances, the defendant shall bear the burden of proof, for which the author makes a detailed analysis in seven respects: firstly, the criminal proceeding involves different interest groups, it is an approach to balance the conflict of interests for the defendant to bear the burden of proof; secondly, in order to eliminate crimes, it is necessary to allocate certain burden of proof to the defendant in criminal law; thirdly, in essence, it is necessary for the subject of action to undertake burden of proof; fourthly, the development of theories in criminal law influences the concept that the defendant should bear the burden of proof; apart from that, the existence of rule of presumption in criminal proceeding also affects the distribution of burden of proof, which lessens the burden of proof for the prosecution, and at the same time increases the burden of proof for the defendant; moreover, taking the rate of criminal proceeding into account, it is beneficial to make true of the purposes of criminal prosecution if some of the burden of proof are distributed to the defendant; lastly, in regard to the facts of procedural law in the criminal proceeding, it is consistent with the general reason to allocate certain burden of proof to the defendant.In the second part, by means of investigating the conditions of the defendant's undertaking burden of proof in different legal systems and in different countries orregions in different periods, the author concludes that although it is an exception for the defendant to undertake burden of proof in each country or region, the defendant only bears the burden of proof for certain facts, which is considered a worldwide practice. And the author thinks that this rule is different from the rule of Presumption of Guilt in the feudal system, and this rule has nothing to do with the using offeree to coerce a statement in judicial practice, and on the basis of the analysis, the author observes from a different view the reasons for the widespread use offeree to coerce a statement and imperiousness of jurisdiction.In the third part, the author first states and describes in three aspects the conditions where defendant undertakes the burden of proof in China: as to the theoretical aspect, the author makes a comment on the key points in Chinese theoretical field; in regard to the aspect of legislation, the author sums up the rules and regulations concerning the defendant's undertaking the burden of proof in criminal law and criminal procedural law, and determines that, based on the debates on the legislation about criminal evidence, it is a legislative trend to allocate some of the burden of proof to the defendant; as to the judicial practice, the author agrees that the defendant's undertaking the burden of proof does exist, and it is necessary. It is the defect of the theories that causes the chaos in judicial practice, as such causes great damages to the defendant. So it is vital to reform our traditional idea and make it a practical guide; Then, the author argues and analyses the relevan...