Criminal Defendants Proof Responsibility Research

The burden of proof issue is the core problem in Evidence law and procedural law field. The burden of proof provides the basis for the judge if the fact to be proved is still in doubt. The burden of proof consists of two different levels of meaning:Burden of going forward with the evidence and Persuasion. Among them, persuasion is the essence of the burden of proof. The distribute theory of burden of proof is the core of burden theory of proof in criminal proceedings. On the premise of insisting the principle of presumption of innocence and the prosecutors’burden of proof, the defendant proves a part of facts, which is helpful to ascertain the truth and improve the efficiency of lawsuit. The author uses the method of comparison, practice and logic, based on the introduction of the principle of the burden of proof and reference of legislation and judicial practice in continental law system and Anglo-American law system, and then, determines that the defendants’ theory of burden of proof in our country should be improved.The main text is divided into five parts. In firstly part, the author introduces on the basic theory of burden of proof, including the concept of the burden of proof, object of proof, subject of proof, the classification of burden of proof and the reasons of the burden of proof. In the secondly part, the author analyzes the distribution philosophy of the burden of proof in criminal proceedings. Firstly, the distribution of burden of proof in criminal proceedings has important significances for realization of the value of the criminal procedure. Secondly, the author detailed introduces four distribution philosophies, which including the presumption of innocence, prosecution and defense principle of balance, procedural justice and the efficiency of lawsuit. In the thirdly part, the author argues legitimacy of the defendants’burden of proof. Form the point of view of the judicial justice and the efficiency of lawsuit, the defendants’ burden of proof has the rationality. In the forth part, through comparative study about the defendant bear the burden of proof in the case of the legislation and judicial practice, we can learn from the foreign experience. The fifth part analyzes the defects on the distribute theory of burden of proof in the criminal proceeding of our country, and puts forward the thinking and advice on the system of defendants’burden of proof, including the range, the condition and the standard of the defendants’burden of proof, etc.