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The burden of proof in criminal proceedings the defendant

Author: ZhangKun
Tutor: ZhengXu
School: China University of Political Science
Course: Procedural Law
Keywords: Criminal defendants Burden of Proof The presumption of innocence Right to defense
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 147
Quote: 2
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Abstract


Under the presumption of innocence , whether a criminal defendant bears the burden of proof , which, theorists have not reached a consensus on substantive chaotic world , the lack of a unified theory. The presumption of innocence in criminal proceedings as the cornerstone of the prosecution 's decision bears the responsibility to prove guilt , but what is the scope of the substantive law of guilt , that the prosecution needs to prove the elements of fact required by the substantive law , so that the substantive law the particular facts of the crime the defendant bear the constitutive elements of the burden of proof beyond theory does not violate the presumption of innocence ; Moreover, in exceptional cases , legislation will require the defendant to prove the prosecution of some of the constituent elements of criminal facts bear the burden of proof . So, how to understand the criminal proceedings the burden of proof borne by the defendant ? It any different burden of proof borne by the prosecution ? For these questions , we must first understand the complex issue of burden of proof , investigate criminal proceedings on the basis of whether the defendant bears a substantial burden of proof . As a concept in the Code of Criminal Procedure , the burden of proof can not be discussed on leaving it in the legal system , and therefore , I use the method of comparative analysis of common law and civil law the burden of proof in criminal theory were analyzed. Then analyzed the common law and civil law countries some legislative provisions on the defendant the burden of proof , combined with crime constitution theory , the burden of proof in criminal case defendant divided into two categories , and thus analyzes the different legal systems of national criminal defendant proof of the nature of responsibility. Requirements of the particular facts of a criminal defendant bears the burden of proof on the theory and practice has its rationality, does not conflict with the presumption of innocence , but it needs to be set to limit the presumption of innocence . Without departing from the basic premise of justice , due to the need of criminal policy of the particular facts of the defendant bears the burden of proof is possible. China also exist in the case of legislation and judicial practice, the defendant bears the burden of proof , but the presumption of innocence and due to the lack of coordination of crime constitution theory , substantive law and procedural law , theory and practice can not be a good convergence , making criminal defendant the burden of proof lack of theoretical support. Therefore , to prove the defendant's criminal responsibility system construction in our country to be involved in the reconstruction and security issues of crime constitutes a criminal defendant 's right to a defense theory , is a systems engineering .

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