Criminal Proceedings To Prove The Theory Of Liability Remodeling Thinking

Burden of proof is an important concept in the litigation method,having had already been one of the core topics that the litigation methodeducational circles study and discuss always since day of birth, havingever have a famous researcher once said: Burden of proof is the backboneof lawsuit. It is to be said that in the litigation method of the lotsof works, what the scholars discuss at most is burden of proof. Becausethe law court takes up and resolves of also is the verdict wants a basisof be a both side of problem: The first is the law problem and the secondis a fact problem. The fact problem always is placed in the first in twos,because only the accurate emersion dispute of the fact just may speak ofexactitude of apply law. But factual true or false is a square who needsto be rule from one square perhaps law lay claim to put forward a proofto confirm of, when being to review the quality certificate to completefuneral affairs through court can't get a confirmation actually,certainly will exist from which square undertake the problem of thedisadvantageous result, this be the burden of proof problem of the simplemeaning.As for the concept, the burden of proof is given different meaningby the scholars in the different history period. Since modern age,mainland method scholars with British and American methods to all startstudying the burden of proof problem from the layering angle: objectiveburden of proof with subjective burden of proof. And they have alreadybecome mainland method to fasten the consensus of the theories andpractice. Led to go into the concept of the burden of proof from Japanin the late Ching dynasty, but had been comprehending the burden of prooffrom the angle of subjective burden of proof only at the our country, untilthe 80's just has the layering theories that the scholar delivered the text introduction burden of proof publicly last century. This kind ofsituation disadvantage in our country litigation theories ofunify, badfor instruction lawmaking and judicial fulfillment, reflect our countrythe code of criminal court learn a research level of fall behind.Therefore, the writer practices in the analytical our country burdenof proof judicatory and the foundation of the law present condition up,fastened the layering theories that fastens with British and Americanmethods to carry on certain analysis to mainland method, and thinks weshould follow mainland method to fasten of the layering theories remoldthe our country pertaining to crime litigation burden of proof theories.Later on, from the objective burden of proof with subjective angle proventhe responsibility layering to our country the pertaining to crimelitigation prove the responsibility system carried on treatise. Theimmediately after, the writer at analytical the influence our countryprove responsibility allotment of factor foundation up, and then make usethe of the layering theories the analyzed court the of the people, theprocuratorate, the police department, the accused person, from tell therelation of the person and burden of proof. Owing to a huge sum of propertysource the burden of proof problem of the not clear offense has a moreissue in the pertaining to crime method educational circles, the writermade use of the burden of proof problem of the layering theories to thatoffense to carry on argument specially, begging to teach by period in thesquare house. In addition, the burden of proof result should be prove theimportant contents in the responsibility system, so, make own analysistowards proving a responsibility concretely result with particularly theform of the chapter at the end writer of the article.