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The Research on the Function of Judicial Supervision in the Administrative Supervision Legal System

Author: WuZhongWen
Tutor: DuanQiJun
School: Hunan University
Course: Legal
Keywords: Criminal suit Defendant Burden of Proof The specter of defense
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 39
Quote: 0
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Abstract


Criminal proceedings, the allocation of the burden of proof is to prove that the defendant guilty, not guilty or other specific matters of crime-related configuration issues between the relevant authorities and individuals . Is generally believed that proof of criminal responsibility assigned to follow a basic principle that prove the guilt of the accused 's responsibility borne by the prosecutor , the defendant does not burden to prove his guilt and innocence obligations . Taiwan scholars Eric Chen \And the defendant bear the burden of proof does not violate the principle of the presumption of innocence , is easy to show that the defendant and the prosecutor is difficult to the SSE that even can not attest to the fact shared by the defendant the burden of proof of both the rights and obligations of , which is in line with modern proof of criminal proceedings the international trend of the responsibility system , the need to adapt to China's criminal Justice resources , will help improve the effectiveness of criminal proceedings . Burden of Proof to prove lower-cost party can inspire the party to the case at a lower cost to overcome the authenticity of the unknown , which is the law of effective behavior incentives . Proof of how to allocate responsibility between the parties and depends not only on one factor , but the combined result of various factors . National criminal laws the exceptions also shows the burden on the defendant the burden of proof on the allocation of the burden of proof in criminal proceedings, in addition to the basic principle of presumption of innocence , but also need to consider other allocation factors . The prosecutor negative burden of proof is the basic principle, even in the exception of several cases , the prosecutor must first conclusive evidence of the fact of the existence of the basic \Only the above acts of the defendant as an affirmative defense , the burden of proof to be shifted to the defendant . Defendant to prove that the specific scope of liability applies defendant positive defense argued that negates the illegal facts , the defendant only known fact , the defendant claims procedural facts , the defendant 's prior criminal behavior led to their subsequent behavior burden the burden of proof .

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