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On the defendant in criminal proceedings the burden of proof

Author: LiXiangMin
Tutor: ChenZuo
School: Wuhan University
Course: Legal
Keywords: Criminal suit Burden of Proof Defendant Bear
CLC: D915.3
Type: Master's thesis
Year: 2005
Downloads: 223
Quote: 0
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Abstract


Bear the burden of proof in criminal criminal evidence system is an important issue in the criminal practice has important guiding significance. The burden of proof in criminal proceedings is a criminal burden of proof from the prosecutor general rules of shared responsibility , but with the development of criminal proceedings , under certain conditions , there is also a criminal defendant the burden of proof obligations. Criminal defendant bears the burden of foreign and Hong Kong and Taiwan in the legislation and practice in both provisions, but also in our Code of Criminal Procedure provides sufficiently clear and specific , theorists know it is also not uniform , so on this issue Discussion on China's criminal legislation and practice is important. This paper is divided into four chapters , the first chapter gives an overview of the criminal burden of proof , the burden of proof in criminal investigation shared the general principles of its theoretical basis ; second chapter explores the criminal defendant bears the burden of the theoretical basis and characteristics , and analyzes the burden of proof and the presumption of innocence, the defendant can not be compelled self-incrimination privilege relations with the prosecution bears the burden of their differences ; third chapter introduces the overseas and in Hong Kong and Taiwan the burden of proof on the defendant legislation and practice on the basis of our criminal defendant bears the burden of related legislation and practice are analyzed ; fourth chapter in making sure our criminal defendant bears the burden of the principles and limitations , the focus of a criminal defendant evidence analyzed liability regime should improve the eight categories of facts .

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