The Research On The Burden Of Proof Of Sentencing Facts

In criminal procedure, the majority of the cases are mainly the defendant guiltycases. So the sentencing facts have become the key of criminal trial. However, in thetheory of burden of proof in the traditional criminal, which is mainly around the factsof conviction, how to allocate the burden of sentencing facts proving between theparties is not clearly defined. In the criminal trial, sentencing activities and convictionin the objectives, tasks, and the philosophy and basic principles which should befollowed are different. Therefore, the burden of proof of sentencing facts should bedistinguished from the conviction proof of the fact. Inspected the judicial practiceabout the burden of sentencing facts proving in extraterritorial regions, we also findthat building the relatively independent proof system of sentencing facts, has becomethe trend of judicial reform. In recent years, although a lot of laws and regulationsabout the proof system in criminal are introduced, the detailed provisions about theburden of proof of sentencing facts is still a blind spot of the legislation. In China’sjudicial practice, the burden of proof focus on the conviction of the fact but neglectssentencing facts. This litigation phenomenon has led to the burden of sentencing factsproving imbalances and the standard of proof applying biased. Learning from thelegislation and judicial practice relevant the burden of proof of sentencing facts inextraterritorial regions and building the perfect proof of sentencing facts, has becomean inevitable choice of the protection of justice. In building of the system of thesentencing facts proving, the proper procedure principle and the principle of equity asthe supplementary content about the system of proof in criminal, are applied to theburden of sentencing facts proving. And the specific allocation of burden of proof isput forward between the prosecution, defendant, the victim and Judge, which canguarantee the lawful rights and interests of the main bodies in lawsuit, especiallydefendants and victims are protected. Clarifying the standard of proof of sentencingfacts, by which judge defines sentencing facts that whether as the sentencingreference, is an important basis.