The Research Of China's Burden Of Proof Allocation System In Criminal Procedure

In the development of modern civilized society, the law as the lowest moral bottom line in order to maintain the whole society's public order and stability, Lord Denning once said: “from a long-term point of view, the maintenance of law and order is always the civilized society's survival basis.” As an adjustment of the entire criminal procedure, the importance of the criminal procedure law is self-evident. It can find out the facts of the case, punish the crime and protect the basic human's rights through the correct application of the criminal law.“The burden of proof determines the defeat”. The distribution of criminal burden of proof is related to the case's finally processing results directly, how to distribute the burden of proof is very important to the prosecution and the defense. Although Chinese scholars to study the theory of the burden of proof has been deepen and widen, and the allocation system in criminal procedure has been developed and perfected, the allocation problems of burden of proof lack of clear legal provisions before the amendment of the Criminal Procedure Law in 2012. Despite the presumption of innocence and the privilege against self-incrimination principles in the revised Criminal Procedure Law has get perfect realized, but our existing system of allocating the burden of proof still has many limitations and defects, And the fourth Plenary Session of the 18 th CPC Central Committee has also put forward: “to promote the reform of trial centered lawsuit system”. So study on the distribution system of burden of proof in criminal proceedings has great theoretical and practical significance.This paper is divided into four parts except the introduction and the conclusion.The first part is an overview of criminal burden of proof allocation system, mainly includes the connotation of the relevant concepts and factors that affecting the burden distribution system, which will be discussed in the third section of this paper. Thesecond part mainly introduces the two major law systems' main countries' specific allocation of burden of proof in criminal. carries on the summary analysis, in order to perfect China's relevant legislation or obtain practice experience.The third part as the main part of this article, mainly on the analysis of current criminal burden of proof allocation system, including the allocation of the burden of proof concrete methods,existing problems and related causes. In the fourth part, based on the burden of proof allocation of the reality in our country, in view of the shortcomings which have proposed in the previous chapter, proposes the corresponding perfecting suggestion or idea.