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The Burden Of Proof In Criminal Action Analysis

Posted on:2016-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:H F ZhaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
One of the most important systems in Civil Procedure Law of evidence system, the distribution of burden of proof is the core mechanism of evidence system. In criminal litigation, the burden of proof of this concept comes from the ancient Rome law "who advocates, who is the burden of proof of litigation rules", and inheritance and development continued in later ages. In theory, the two law systems both in nineteenth Century gradually abandoned simply from the evidence presented perspective on burden of proof in the lawsuit procedure of perspective, gradually turned to the exploration of the burden of proof multi meaning. No matter is the double burden of proof system in countries of Anglo American law system and continental law countries the responsibility for burden of proof in logic starting point, reflect the design system of burden of proof in modern criminal procedure is gradually tends to refinement, but also reflects the value idea of fairness, justice, human rights guarantee, litigation efficiency of substantive law and procedural law.In legal terms, no matter is the "burden of proof" or "burden of proof" is defined in the criminal procedure, evidence presented in the distribution of burden of proof of important concepts, they not only bear the criminal litigation rights of the parties, help to promote judicial prove instrumental value of procedure smoothly, but also an important carrier to carry out the criminal substantive law presumption of innocence to maintain the balance between the prosecution and the defense, protection of human rights, the spirit of the. Therefore, produce, development of the burden of proof and the burden of proof and the different significance in two big legal system of criminal procedure are compared to explore, to clarify the relationship between the two to avoid ambiguity, and found that each in the proceedings on the merits, it is necessary to.In China’s current criminal procedure law, because the modern German and Japanese scholars influence and constantly transplanting development in Anglo American evidence system, the burden of proof in criminal procedure in China also has a unique basic system. The corresponding liability by the criminal procedure law provisions outlined in the subject of litigation, and then through the criminal substantive law and procedural law setting related inversion of onus probandi and the burden of proof liability exemption rules. But to establish the basic framework does not mean that the onus of proof of mature mechanism has been formed, the criminal procedure law amended several times shows that China’s criminal litigation of burden of proof in continuous learning and reference of foreign law, in improving the authority model and adversary doctrine against the mode of the soil phase interaction in search of a suitable for China’s criminal procedure the program of the system of burden of proof. The author intends to begin from the development process of criminal proceedings the burden of proof theory, the "burden of proof" and "burden of proof" concepts are traced back, and combined with the status quo of China’s current criminal procedure law to reflect, in order to explore some of the burden of proof in our criminal procedure system consummation related elements beneficial.
Keywords/Search Tags:The burden of proof, proof of liability, litigation value, Standard of Proof
PDF Full Text Request
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