Research On The Relative Burden Of Proof Of Criminal Defendants

The distribution of the burden of proof is the core issue in the criminal procedure.It is not only related to the interests of the prosecution and the defense,but also to the development of the process of litigation,which affects the fairness and efficiency of the litigation.The undertaking of the burden of proof by defendant is the key to the distribution of burden of proof.At present,some scholars hold the traditional view that the defendant does not need to bear any burden of proof.The author disagrees with this view,and holds that the accused simply does not need to bear the burden of proof of his own guilt,but the defendant,under certain circumstances,needs to bear the relative burden of proof on the presumption of the law,the active defense and some procedural matters.This article is divided into three parts.The first part is an overview of the defendant's relative burden of proof by demonstrating whether the defendant bears the burden of proof and what the nature and conditions of the burden of proof are when undertaken.Firstly,it clarifies the concept of the burden of proof,analyzes the necessity of undertaking the burden of proof by defendant,and draws the conclusion that the defendant should bear the burden of proof under certain circumstances;and further analyzes the nature and conditions of the burden of proof undertaken by the defendant.The second part analyzes and evaluates the foreign legislation related to the undertaking of the burden of proof by the defendant,and analyzes the current legislative situation and the problems in judicial practice.Firstly,it enumerates the legislative situation of the main countries in the two major legal systems on the burden of proof of the defendant;secondly,the present situation of our country's legislation is analyzed;finally,the problems arising in the judicial practice of our country are pointed out.The third part puts forward some suggestions for our criminal defendant's relative burden of proof.Firstly,the scope of the burden of proof undertaken by the defendant is defined;then,in view of the problems in the legislative and judicial practice of our country,the relative proof responsibility for the defendant is put forward in the legislation and judicature.