Indictable Cases The Burden Of Proof

"Burden of Proof is an important issue in criminal procedure law, running through criminal procedure on end. It involves judicial office, litigants' status, litigants' rights and obligations. In the criminal procedure of authoritarism, substantive truth and judge's trial duty are emphasized, burden of proof of state's attorney is ignored. As the system of criminal trial in China is being changed into adversary, the issue "burden of proof becomes more and more important. To perfect the system of burden of proof in public prosecution case is a problem to be solved. Therefore, the author makes an approach to burden of proof in the dissertation.The dissertation is about 31,000 words, consisting of three parts.Chapter one is a discussion of the concept and function of burden of proof. Firstly the author makes a compared study on the concept of burden of proof in continental law system and Anglo-American law system. Then the author makes comments on the argument of the concept of burden of proof in China's theory field and tries to reconstruct the concept in China, The concept of burden of proof in public prosecution case is in connection with structure of action. In continental law system countries, burden of proof includes burden of adducing evidence, burden of persuasion. Burden of adducing evidence means that the subjects in criminal procedure who initiate trial procedure and require the courts to judge according to their demands or subject whom there is presumption against must adduce adequate evidence of the fact to prove that the evidence is on the demand of proof. Otherwise the subjects will fail in the suit. To adduce adequate evidence is called burden of adducing evidence, and to adduce evidence to prove the fact presented is called burden of demonstration.For the function of burden of proof in public prosecution case, the author holds that burden of proof functions settled disputes impartially, to prevent judicial office from abusing state's power, and to confine misusing the right to initiate the right to defend and to promote efficiency.Chapter two is about the application of burden of proof. The courts judge according to burden of proof that the party who has the burden of proof will fail if the fact to be proved is still in doubt. Therefore the applicable condition of burden of proof is "the fact to be proved...