Criminal Proceedings, The Burden Of Proof Theory

The burden of persuation is referred to as "litigation backbone". As one of the core system of evidence system, it has attached great importance from the national procedure law long time. The article consider the relationship , the proof standard and the value of factors affecting the distribution of the burden of persuation between the Civil Law and Common law. Firstly when state some questions of the burden of persuation and the burden of proof in our country criminal proceeding. On this basis, our focus on the construct ,distribution and operation of the burden of persuation in criminal proceeding.The burden of persuation was derived from the procedural rules of the ancient Roman law "who advocates who proof", the original meaning is the parties must to provide evidence after the claim to the court. The two law systems inherite the theory and grasp the nature of the burden of persuation from the perspective of providing evidence in a long period of time. Almost at the same time, the two law system abandon the traditional view and regard the burden of persuation has multiple meanings until the final of 19th. The scholars made a variety the burden of persuation allocation theory from different angles. Our country has long been a reference to the burden of persuation and regard it as same as the burden of providing proof. The emergence of the concept of the burden of proof was later, but the terminology confusion what the concept made was far from being settled.With the development of procedure law, particularly because the judicial practice localization differences, the burden of persuation that has multiple implications became the mainstream doctrine of our country law school. The core of the burden of persuation is the distribution of the providing proof. It is urgent to need to establish a comprehensive, scientific and specific standards of the distribution of the providing proof to guide judicial practice. This article state from the affection what the various value factors on the burden of persuation of criminal procedure, and focus on fairness and efficiency, try to benefit the operation of our criminal justice practice.