On Burden Of Proof With Legal Evidence Of Criminal Prosecution

The evidence is the key to litigation, and legitimacy is an important attribute ofthe evidence, then the burden of proof should be positively complete responsibilityand the duty by the prosecution and the defense. Illegal evidence elimination programto dispute the legality of the evidence of the review is the top priority, its core is toprove the allocation of responsibility as well as the realization. Eliminating illegalevidence rules for its own lawsuit value in criminal proceedings so it has the uniqueposition, which has been adopted for most countries in the world. In this paper,clearly stated the importance of legitimacy and nature of the burden of proof,meanwhile, analyzing the present situation of Chinese legislation on the basis ofevidence of Anglo-American law system with types and the mainland legal systemcountry legislative, judicial present situation, in oral evidence and physical evidenceexists legal dispute, the analysis of the two law systems representative countries howto distribute proof responsibility and how to design supporting system. A combinationof the analysis and combining with the Chinese legislation, judicial present situation,puts forward to give full play in the role of the illegal evidence elimination rule, beabout to fully guarantee the legitimacy of the proof of the dispute evidence can beimplemented, it shalls define the legitimacy of the type of evidence for examination,refining operating rules, and at the same time, through to establishing and perfectingthe system of form a complete set to achieve reasonable distribution of proofresponsibility and ensure that the burden of proof of the realization of the goal.