The Study On Criminal Defendant The Burden Of Proof In The Perspective Of The Principle Of The Presumption Of Innocence

The principle of the presumption of innocence is known as the "golden rule" in the criminal burden of proof allocation system. The principle of the presumption of innocence requires any citizen before being found guilty, should be treated as innocent. Criminal defendant does not bear the obligation to incriminate him or her, the prosecution bears the burden of proof of the guilt of the accused. Therefore, the principle of the presumption of innocence established the basic principle of distribution of the criminal burden of proof:The prosecution bear the burden of proof. The basic allocation of the establishment of principles for the protection of human rights and litigation considerations of fair value. However, with the value of diversity, especially in the modern criminal proceedings highlight of the efficiency value, Criminal defendant bears the burden of proof in certain circumstances has become an international trend, common in the legislative and judicial practice. In this case, how to build a criminal defendant the burden of proof system is very important.Defendant to prove that the responsibility system, the need to address the theoretical challenge is to clarify the principle of the presumption of innocence and the defendant bears the burden of proof of relationship. Only in scientific orientation relationship between the two, adhere to the principle of the presumption of innocence under the premise to construct a defendant to prove that the responsibility system, will avoid allocating the burden of proof to the defendant to negate the principle of the presumption of innocence or the absolute principle of the presumption of innocenceextremes. Starting from this issue, discussed divided into five parts. The first part is the principle of the presumption of innocence, the basic theory of the criminal burden of proof allocation analysis. In this section, explore the basic connotation of the principle of the presumption of innocence and the value in the field of the law of evidence, to draw basic principles of criminal burden of proof allocated under the principle of the presumption of innocence that the prosecution bear the burden of proof, and thus leads to whether the defendantbear the burden of proof this issue. The second part is a criminal defendant theoretical study of the Burden of Proof. First of all, from the fight against crime criminal policy, evidence of the difficulty of proof law and the defendant the protection of the rights of the three aspects is discussed in detail accused has the burden of proving the reasonableness of responsibility. Second, focus on the principle of the presumption of innocence and the defendant the burden of proving the relationship of responsibility, theorists controversy about the relationship between the two summed Analysis based on the combination of legal theory, creatively put forward both in the form of contradictionsessentially unified point of view, to solve the theoretical problem of the defendant to bear the burden of proof. The third part, the defendants bear the the Foreign Investigation of the burden of proof. Select the Two Schools typical behalf of the State:the United Kingdom, the United States, Germany, France and Japan from the point of view of both legislation and judicial practice, A Comparative Study of extraterritorial defendant to bear the burden of proof case, mode and standard of proof, in this basis of summing up the experience of reference for China. The fourth part of our criminal defendant the burden of proving the responsibility of the Legislative and Judicial current situation and existing problems. Lack of unified and standardized legislation, judicial practice too confusing, unscientific understanding of the principle of the presumption of innocence Defendants’ Rights can not be achieved, implement and not thorough enough, resulting in serious delays in litigation efficiency, impact litigation justice, not only is not conducive to the fight against crime, but not conducive to the protection of human rights. The fifth part for our criminal defendant to prove the existence of the duty, based on learn from foreign experience, combined with their own situation, put forward China’s criminal defendant to prove that the idea of the responsibility system.