The Two Criminal Burden Of Proof Is A Comparative Study

About the criminal burden of proof view, Great Britain American and French department adopt, " the theory of hierarchically ", divide into responsibility that produce evidence and persuade responsibility. Continent law system adopt "the theory of combination", I think the theory of the Anglo-American is reasonable, our country can be drawing lessons from the Anglo-American law system appropriately.The legislation and practice of burden of proof of the defendant in the overseas has good use for reference of planning of our system. The thesis reviews the distribute theory of burden of proof and the legislation of burden of proof of the defendant in continental law system and Anglo-American law system .The study above establishes the foundation of our consult.The paper explores the standard of proof from the angle of the burden of proof. The author analyses the different standard of proof applied to different stages , subjects and the facts to be proven .And then ,some suggestions are put forward.