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On the criminal proceedings the allocation of the burden of proof

Author: LiuHao
Tutor: PanJinGui
School: Southwest University of Political Science
Course: Legal
Keywords: Criminal suit Burden of Proof Allocation
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 73
Quote: 0
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Abstract


In China's current criminal proceedings prove the main uncertainty that the contents of the object but the narrow scope of the status quo of a single standard of proof , ignoring the size of the capacity between the burden of proof in the proof of the main different , ignoring differences in the proof of the object itself , ignoring the the level and diversity of the standard of proof , not a scientific system of division of the burden of proof must also make our criminal proceedings to prove that the allocation of responsibilities and commitments in a more chaotic status quo . Academic analysis and argument for the status quo , and built on the burden of proof system point of view . Some of the views based on the status quo, combined with the existing system of criminal proceedings , and improved program ; while others view tend to be major surgery in the institutional system of the burden of proof in criminal proceedings and thus the entire criminal litigation system . Author from the judicial practice , for the completion of the thesis , see a lot of books and literature , refers to one of the more mature perspective to demonstrate their own ideas , and some of his own views and opinions . Confined to theoretical research level and the identity of the judicial staff , some of the points raised by the author may be naive , even with some preconceived notions . However, practice is the sole criterion for testing truth \I hope that through this , you can find some way for them and the chaos in the judicial practice, the burden of proof allocation . This article to be encountered from the judicial practice three corruption , bribery cases starting to redefine the criminal proceedings prove the main proof of the object , and re- set the standard of proof in criminal proceedings , analysis of the concept of burden of proof of Construction of China 's burden of proof systems necessary principles and build our criminal prosecution and the defense both the burden of proof to present some of my thoughts . At the same time , I believe that the Construction of the criminal proceedings the burden of proof system must adhere to the principle of the presumption of innocence , adhere to the principle of balance both the prosecution and the defense litigation forces adhere to prove the principle of convenience , adhere to often harm principle , adhere to reasonable principle in favor of the defendant on this basis , a reasonable division of the prosecution and the defense burden of proof .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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