Responsibility Of The Defense Burden

The defendant should bear the burden of proof or not,where is its legitimacy;If you bear the burden of proof, the burden of proof is what kind of nature, is a kind of behavior, or a risk of losing; If you bear the burden of proof, what is the case should bear the burden of proof; And what relation between the burden of proof and criminal presumption, criminal defendants proof standards, some issues related to the defend-ant’s burden of proof, the academia has a lot of controversy. These disputes also pro-vide the perspective considering the burden of proof.In the first chapter of this article, the author discusses the burden of proof, the case leads to the theme, and points out that in the field of defendant’s burden of proof, lacking of relevant theoretical research; and also points out the judicial practice of chaos in distribution of burden of proof.In the second chapter, the author analyzes the legitimacy of the burden of proof of the defense, summarizes briefly the historical development of burden of proof in the defense, which indicate long-standing of bearing burden of proof by the defense, then, explain the necessity of the burden of proof of the defense, the requirements of convenient action and adversary system. The law finally focuses on the burden of proof of defendant’s legitimacy, starting debate from the basic principle of the presumption of innocence.After solving the problem of legitimacy of burden of proof in the defense, in the third chapter and the fourth chapter, the nature and contents of the burden of proof of defendant is discussed, we investigated the extraterritorial related theory and law provisions, know about foreign research current situation, then tease the theory study, and find the focus of the dispute. Finally, the author thinks the burden of proof of the defense is a kind of responsibility, and lists the applicable case the burden of proof of the.In the last two chapters, the author explores the two systems closely connection with the burden of proof of the defense, one is the presumption system, another is the standard of proof system. The presumption system has double attributes of entity law and procedure law, its relationship with the burden of proof of the defense is mainly a case as the burden of proof the defense, which violates the principle of presumption of innocence or not will be the focus of the discussion. Standard of proof and the burden of proof have more closely relationship, the two is the relationship of the two sides of one question, will review the domestic and foreign relevant research, and to express my views on the standard of proof.