On The Specter Defense

The so-called "ghost defense" refers to the crime or the light of the crime accused by the criminal suspect or the defendant against the prosecutor,which is often difficult to verify or not to verify.How to allocate the burden of proof is one of the core issues in the evidence law.It is also the key to implement the criminal substantive law.In the current criminal law of China,the responsibility of the criminal proof is borne by the prosecution.In general,the defendant does not bear the burden of proof,however,the emergence of ghost defenses has made it difficult to find a balance between ascertaining facts and safeguarding human rights.It has become a legal issue that needs to be resolved.The article starts with the basic meaning of the ghost defense,and discusses the existing problems of the current distribution system of the burden of proof in our country by discussing the distribution of the proof responsibility of the phantom plea at home and abroad and the existing problems of the system of the distribution of the burden of proof in our country,in order to establish a solution mechanism of the ghost defense.In view of the shortcomings and shortcomings of our criminal legislation,theoretical research and judicial practice,we propose to solve the problems caused by ghost defenses by establishing the Factual presumption system and constructing the defendant's limited burden of proof.