On The Distribution Of Burden Of Proof Of The Illicit Money In Corruption Cases

In criminal proceedings, the prosecuter is asctibed to be risk takes.Thus,the prosecuted shall bear the burden of proof and provide evidence of crime commited by a defendant in order not to lose in a lawswit.However,in criminal investigation of duty abuse,the burden of proof about where the illicit money goes raise doubts whether the onus of proof is on the plaintiff only.Objectively,because of the complicity of whereabout of illicit money,there is no end linits for the prosecuitior to provide proof while subjectively,when dealing with such cases,we should be clearly aware that the whereabouts of illicit money is a factor that should be considered rather than decisive.Thus,I suppose that the prosecutors do not recessarity bear all the onus of proof in all kinds of cases. Approoeriate transfer of burden of proof can not only male the fact clear.save judical cost but also can improve lawsuit.Such transfer should be certainly based on related laws which head to be set or it may be taken advantage by the defendant.This thesis is to prove that defendants can bear some burden of proof in some case from 5 aspects:aralysis of the concept of burden of proof,the flaws in current legislation,case aralysis in trials,the significance of reassignment of burden of proof and its operating conception.The thesis consists of introduction,text(5parts) and conclusion.The 1st part,which is about the corrotation and derrotataion of the burden of proof in criminal lawsuits.focus on the difference between burden of proof and producting burden because there has been much dispute on the definition.Though they seem much alilee,they're quite different essentially.I think from the characteristics of burden of proof,it includes pleading burden,productiong burden and persuasion burden.Moreover,in order to make the basis for how to assign the burden of proof,the types are listed and the principles are summarized.The 2"d part is about the current legislation of burden of proof about the whereabouts of the illicit money in duty abuse.I find some flaws in current legislation over -generalitation.being out of date.no laws about the degree or scope of the proof and so on and prove the infeasibility of the prosecutor's full liability og burden of proof by explairing how the defendant bear the burden of proof in crimes formation of unknown large number of assets.The 3rd part deals with the current practical problems in burden of proof about whereabouts of the illicit money beared by prosecutors based on cases.Because there're many ways to deal with a case about the whereabouts of the illicit money in judical practice,so I research on the whereabouts and draw a conclusion that the investigation and proof of the money will not affeet the determination in the crime of embezzlement,from the analysis of Mr Tong's plea in his case of corruption in the investigation period and second instance.it is concluded that it will be good to make the trial more effective and shorten the trial if the defendant bear some burden of proof.The 4th part is about the significance of reassignment of burden of proff about the whereabouts of the illicit money.Becuse the defendant knows clearly about the illicit money if the burden of proof can be transferred to the defendants subjective initiative and avoid the expansion of the prosecutor's risk of liability so that the judical practice and the investigation can be promoted.The 5th part explains:the operation of the whereabout of the burden of proof beared by the defendant.Through the analysis of it in crime formation of unknown large number of assets,we can draw the conclusion that such inversion of burden of proof are essentially different from the burden of proof assigned to the defendants in the thesis.which is also different from the concept of transfer of productiong burden by reserches.Thus,we know the reassignment of burden of proof refers only to production burden rather than persuasion burden.And the operation about the reassignment is put forword such as:the need for strict legal process,the legal standard the defendant should bear,the limitaition of providing the proof,the lawyer aid system on the evidence investigation and so on.