The Study Of The Prosecutions’ Guarantee Mechanisms Of The Burden Of Proof

The study of guarantee mechanisms of the burden of proof is an important part ofcriminal burden of proof research. Recent years，along with the reforming of the criminalevidence system, a lot of laws and judicial interpretations are directly or indirectly relatedwith the prosecutions of the burden of proof. The study of the burden of proof charged byprosecutions is gradually extensive，but the study of the prosecutions’ guarantee mechanismsof the burden of proof refers to many aspects. Because it faces directly to judicial practice,present research can hardly meet the requirements of comprehensive，profound and closenessto practice. Therefore, theoretical breakthrough and practical support are needed by the studyof the prosecutions’ guarantee mechanisms of the burden of proof.The prosecutions perform the burden of proof which includes physical facts andprocedural facts according to the objectives of evidence. The two facts are closely tied andboth cannot be neglected. Based on the theoretical analysis, this article attends to discuss thesystem difficulties and practical problems of guarantee mechanisms of the burden of proof,combined with practical cases. What’s more, it will try to provide measures to solve theseproblems.The structure of the article is divided into four：Chapter one: the burden of proof and its guarantee mechanisms. This chapter is mainlyabout redefining the prosecution’s the burden of proof which will fully help grasping its basicconnotation and analyzing the types of guarantee mechanism of the burden of proof, forsystematic and stable guarantee mechanisms are the indispensable precondition for theprosecutions’ performing the burden of proof. Finally, according to the author, analyzing itsfunction from the perspective of structural functionalism and pointing out the importance andnecessity of constructing the prosecutions’ guarantee mechanisms of the burden of proof arethe things to be done.Chapter two: System contents of guarantee mechanisms of the burden of proof. Thischapter describes the system contents of guarantee mechanisms of the burden of proof fromthree aspects，which is rules of evidence mechanisms，rules of procedure mechanisms andorganizational system mechanisms. Rules of evidence mechanisms include the exclusionary rules of illegal evidence， the principles of evidentiary adjudication and evidence ofcross-examination rules. Rules of procedure mechanisms include supervision rules of criminalprocedure，rules of procedure of sanctions and rules of the complementary procedure.Organizational system mechanisms include organization’s internal and external security.Chapter three: System difficulties of guarantee mechanisms of the burden of proof. Thispart aims to analyze the realistic dilemma facing the prosecutions’ guarantee mechanism ofthe burden of proof by choosing targeted cases from judicial practice and elaborate itsinstitutional barriers. Moreover, it will give a deep analysis from the perspective ofsubstantive law, procedural law and the law of evidence to those institutional barriers whichhinder the prosecutions from efficiently performing the burden of proof. It needs to be notedthat due to traditional proof patterns, the prosecutions have been unable to complete theirimplementation under the new code of criminal procedure.Chapter four: Measures of the prosecution’s guarantee mechanisms of the burden ofproof. Based on the problems referred above, this chapter is planned to provide the systemconstructs and the choices of ways to realize of guarantee mechanisms of the burden of proof.Three institutions produces: improving the setting of rules of evidence mechanisms,establishing the substantive trial mechanisms and building consultative mechanisms betweenthe prosecutions and police.