Criminal Defendant The Burden Of Proof

Generally, the prosecution bears the burden of proof in criminal proceedings. It is always a fierce debate whether defendants bears the burden of proof. The problem not only relates to the rights and interests of defendants, but also affects the reconstruction and development of the theory of burden of proof in China. Therefore, it is necessary to research the theory of burden of proof by the defendant.The thesis has five parts.The first part shows the definition of burden of proof. It clarifies double meanings of burden of proof on the basis of analyzing the concept of burden of proof in Two Legal Systems as well as Chinese traditional burden of proof. The theory of burden of proof in the common law better represents the fair and the parties' responsibility in proceedings.The second part expounds theoretical foundation of the burden of proof by the defendant. According to the principle of presumption of innocence, the prosecution bears the burden of proof of guilt of the defendant and instead of the defendant. The principle of presumption of innocence only plays a role in the burden of proof of guilt of the defendant by the prosecution and has no effect on other matters on the burden of proof .According to the principle of "Who argued and who bear the burden of proof", the defendant may have to bear the burden of proof in an active defense and procedural reasons and so on. At the same time, because of procedural justice, fair proceedings and the impact of criminal policy, criminal presumption and inverted proof must cause the defendant to bear the burden of proof.The third part studies the legislation and practice on burden of proof by the defendant in the Two Legal Systems by the historical and comparative methods. In spite of different cultural backgrounds and differences in mode of action, there are exceptional circumstances that provide for the defendant to bear burden of proof. It is more obvious in common law countries.The fourth part analyzes the status about burden of proof by the defendant from the theoretical, legislative and judicial aspects in our country and considers that there is the case of the burden of proof by the defendant both in legislation and practice in China. The fifth part improves burden of proof by the defendant in the theory, the legislation and the judicature. It shows the scope and restrictive conditions and avoids unwarranted burden of proof by the defendant.