On The Distribution Of Burden Of Proof In Defendant's Justification

In criminal proceedings,the prosecution bears the burden of proving that the defendant is guilty is a basic principle.The defendant's defense of the prosecution's guilty charges is also a normal manifestation of his active exercise of the right to defense.However,this does not mean that the defendant can easily enjoy all the benefits it brings.The widespread appearance of the specter of the spectre proves that blindly demanding that the prosecution bear all the burden of proof is no longer able to maintain the value of criminal proceedings to protect human rights and combat crime.balance.At a particular litigation node,the defendant needs to bear a certain burden of proof on the reasons for his defense.T his paper analyzes and discusses the phenomenon of ghost defense widely existing in practice through case analysis.It aims to reduce the confusion caused by the judicial practice department when faced with this problem,and to provide reference for the correct distribution of the burden of proof.At the same time,suggestions and countermeasures are proposed for the defendant to bear the negative risks that may be caused by certain proofs,so as to maintain the maximum balance between the fight against crime and the protection of human rights.This article is divided into four parts:The first part briefly introduced the basic situation of the case.The prosecution accused the defendant Lai Mou of violating the contract and providing others with the origina l company's commercial secrets,which caused the original company to suffer heavy losses.The Defendant Lai Mou argued that the trade secret used by the third party was not provided by him,but had other sources,but he could not provide a specific source.Both sides argued over whether the defendant should bear the burden of proof on this justification.Through the analysis of the examples,it draws a conclusion that the investigators in the judicial practice have different views on whether the defendant s hould bear the burden of proof,and thus use relevant legal principles to analyze and argue in the following.The main content of the second part is the legal analysis of related issues.First of all,this case is not a single case in practice.The phenome non of ghost defense in criminal defense is widespread,followed by a theoretical analysis of ghost defense,and a brief summary of common manifestations in several practices,and the essence of ghost defense issues.It is due to the unclear distribution o f the burden of proof on the defendant's justification;secondly,analyzing the two different viewpoints on who should bear the burden of proof in the practice,it is concluded that the point of this paper is that the defendant should bear the burden of proof of his justification.And give the basis.Finally,we discuss several situations in which the defendant should bear the burden of proof and the accused should be allowed to perform the burden of proof by providing clues and materials.The burden of proof on the defendant does not need to be conclusive,but only proof of superiority is required.can.The main content of the third part is the analysis of this case.First,the evidence provided by the prosecution in this case can already prove that the defendant was guilty of the basic criminal facts;the defendant's defense is a positive defense claim,but it does not provide any clues that the prosecution can verify.In fact,it is a manifestation of a ghost defense that the defendant should bear the b urden of proof of the justification.Finally,the court of first instance submits the burden of proof of the defense to the prosecution,and the prosecutor cannot exclude reasonable doubts.According to the principle,there is an inadequacy in the referee's conclusion that the defendant's decision to acquit the defendant is innocenceable.The fourth part is the enlightenment of this case.In order to deal with the difficult problem of defendant's defense in judicial practice,taking into account the reasonable distribution of burden of proof and the identification of facts of the case,it is necessary to improve the criminal presumption rule,eliminate the proof dilemma,make full use of indirect evidence,and determine the facts of the case.In addit ion,in order to fundamentally reduce the possibility of the defendant's defense of the "ghost defense" and other reasons,he should improve the system of guilty confession and punishment,and protect the voluntary nature of the defendant's confession,thus persuading the defendant to plead guilty as soon as possible.