Research On The Proof Responsibility Under The Procedural Defense

Procedural defense is a new thing in defense theory, with its special features toprovide relief way and effective protection on the substantive defense to protect thedefendant’s procedural rights, and curb the procedural illegal acts in the process ofhandling the case.But in practice, theory of procedural defense system is not perfectenough, and the legislation is not clear enough, so its difficult to play an importantrole. This paper ‘s direction is the important rules in theory of procedural defense-theburden of proof for the of the procedural defense, with relevant systems (such assubstantive defense of the burden of proof, burden of proof of civil lawsuit, etc.) bespecific in the comparison of the discussion and research. The text is divided into fourchapters.The first chapter is summary of the basic theory of procedural defense. Dividedinto two sections: the first section introduce the basic problems of procedural defense,origin, characteristics, main body and object; The second section introduces the basictheory of procedural defense and lawsuit value.The second chapter is the procedural defense under the perspective of specialburden of proof. Divided into two sections: the first section, the overall introductionof burden of proof of criminal proceedings and distribution rules, including thegeneral distribution rule and special rule (the transfer of the burden of proof and thehorse); The second section describes procedural defense to the particularity of the burden of proof. Mainly includes the defendants in the procedural defense shouldassume the initial burden of proof; And the burden of proof transfer from the defendto the prosecution.The third chapter is the comparative study of procedural defense burden.Divided into two sections: the first section is the similarities and differences in civillitigation’s burden of proof; The second section is the comparison with substantivedefense burden. Then discuss the procedural defense’s the burden of proof ‘s transferbut not inverted.The fourth chapter is the improvement of the procedural defense system of theburden of proof shift. Divided into three sections: the first section is analysis theprocedural defense present situation of the burden of proof shift in the practice on thebasis of comparative foreign mature theory;In the second quarter is programmed todefend the burden of proof for the specific program construction, including the designof the transfer line and supporting procedures; In the third section study transfer errorprevention and correction of compensation mechanism.