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The Theory Of Criminal Of Burden Of Proof

Posted on:2015-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:J QuFull Text:PDF
GTID:2296330461965096Subject:Marxist Jurisprudence
Abstract/Summary:PDF Full Text Request
Marx held that law has nationality and is formulated or approved by public authorities in accordance with certain authority and procedures, and its implementation is protected relying on formal state power mechanisms, which indicates that law is directly formed from state power and is a manifestation of national will. As a "litigation backbone", the burden of proof system in criminal cases was established for the purpose of restricting state power in order to safeguard human rights. China is a socialist country with people’s sovereignty and implements the system of people’s congress, and the NPC is the highest organ of state power. We don’t implement the separation of three powers like Western countries, which, however, does not mean that our state powers are not bound and supervised. Marxist theory of the state believes that the configuration of state power needs to be constrained in order to restrict power by power, and protect human rights from undue interference of state power.Proof is a central part of proceedings. In proceedings, the party obliged to give proof, namely the subject of burden of proof, assumes the obligation to provide any evidence to prove a fact as an element of the crime with certain statement in the trial of case. Proof is the most critical link to solve a case fairly and timely. The establishment of the burden of proof system in criminal cases will involve issues such as protection of the defendant’s human rights, the judge’s final judgment and others. Therefore, a scientific and rational burden of proof system shall consider the problems such as reasonable allocation of the undertaking of burden of proof, the practical feasibility of the subject of burden of proof completing its burden of proof and the like. The important position of the burden of proof system in the Criminal Procedure Law is well known, but the field of academics still has a vague understanding of theories related to burden of proof in criminal cases, in addition to the oversimplification of our Criminal Procedure Law on the provisions of assigning the burden of proof, and the existence of these phenomena is contradictory to the significant influence of the progress of litigation procedure and the physical results of cases.In this paper, the first part defines the concept of burden of proof, as clearly defining the basic concept of a study topic is the basis for us to study other issues under such topic; in the second part, the author describes the concept of burden of proof in criminal cases agreed by the majority of Chinese academics; in the third part, the author summarizes the general and exceptional principles of the assignment of burden of proof in criminal cases; in the fourth part, the author presents two special circumstances in the burden of proof in criminal proceedings as required under the principle of balancing of interests, including transfer of burden of proof and inversion of burden of proof; after that, the author concludes two special methods of proof, including judicial notice and judicial presumption; and in conclusion, the author summarizes the impact of the amendments in our new Criminal Procedure Law on the burden of proof system in criminal cases.
Keywords/Search Tags:criminal proof responsibility, the distribution of burden of proof, the burden of proof, the transfer of the burden of proving
PDF Full Text Request
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