Research On The Burden Of Proof In Criminal Proceedings

The most important feature of burden of proof is to guide the judges to make a judgment when the truth of the case is non liquet.The judges' behaviors at this time reflect the regulation,fairness and efficiency of the burden of proof.Because of the imperfection of the principle of presumption of innocence in our country,the Criminal Procedure Law lacks detailed provisions on the concept of the burden of proof.The theory of crime constitution in substantive criminal law is the basis for the distribution of the burden of proof in criminal proceedings.But in our country,it can neither reflect the logic of conviction,nor can it provide enough defense space for defendants.The special distribution scope of the burden of proof is relatively small,and the standard of proof of guilty verdict in criminal proceedings is single.In judicial practice,judges are unable to perform their duties strictly,and the principle of separation between accusation and trial has not yet been truly established.These are the main reasons for the loss of burden of proof in China's criminal proceedings.In view of the problems existing in the burden of proof in our country's criminal proceedings,we should learn from the advanced practice of the burden of proof in mainland China;and on the basis of perfecting the principle of presumption of innocence,we should clearly define the distribution rules and the standard of proof for the burden of proof in our country's criminal proceedings.In judicial practice,the duty of judges should be strengthened,and the accusing party should bear the burden of proof,so as to achieve the fairness and rationality of court case judgment to the greatest extent.