On Criminal Transfer Of The Burden Of Proof

The burden of criminal proof is an important problem of criminal procedure. Its transfer has an important influence on the result of case. Not only in continental law system, but also in anglo-american law system, there are many rules about the defendant should assume the burden of proof in criminal action, which is processed by claimant firstly, then is sent to the defendant at the bar. Transfering condition and proof criterion of criminal proof responsibility of foreign country was investigated and transfering theory of criminal proof responsibility was discussed. The burden of proof's tranfer in criminal procedure is divided into the inversion of the burden of proof in criminal procedure and the narrow sense of its transfer. Here, transfer condition, followed principle and applied situation were investigated. Furthermore, relation between two conditions including inversion of the burden of proof in criminal procedure and transfering of criminal proof responsibility in narrow sense and proof criterion were discussed. This paper analysized several problems about the topic in practice, advanced the author's own opinions and suggestions.