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

Proof of Criminal Defendants

Author HongCheng
Tutor XuMeiJun
School Fudan University
Course Legal
Keywords Criminal burden of proof Defendant Comparative Analysis Legislative proposals
CLC D925.2
Type Master's thesis
Year 2010
Downloads 51
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Responsibility for Evidence in Criminal Proceedings Criminal Evidence System is an important issue in the theory and practice of criminal proceedings has important guiding significance. Evidence to prove guilt of the accused by the prosecutor in criminal proceedings the burden of proof is assigned a general rule, but with the development of criminal proceedings , the defendant in certain circumstances should bear the burden of proof . This foreign and Hong Kong and Taiwan in the legislative and judicial practice are clearly defined , but in our country 's criminal procedure law provisions in this regard is still not sufficiently clear and specific , and judicial practice allows the defendant bear too much burden of proof , both in theory and judicial practice know it can not reach a consensus. In this context , investigate criminal defendant bears the burden of proof issue will be on China 's criminal legislation and practice of the future has great practical significance. In this paper, an accurate grasp of the meaning of starting criminal burden of proof , the defendant bears the burden of proof describes the theoretical basis , combined with our legislation and judicial practice, the defendant bears the burden of proof of the status quo, to determine the central idea of this paper : the defendant in certain circumstances should bear the burden of proof . In view of the defendant bears the burden of proof on the issue of serious discrepancy between the legislative and judicial practice situation , the third part focuses on a comparative law perspective describes and analyzes foreign and Hong Kong and Taiwan 's criminal legislation and judicial precedents , the defendant in order to improve our responsibility to prove criminal legislation provides a reference for the mold , on this basis, the defendant made ??a number of norms of judicial recommendations bear the burden of proof to the defendant on the prosecutor shifted the burden of proof of any legal restrictions on the phenomenon , the defendant bears the burden of proof does not just become their obligations , the defendant's burden of proof is the unity of rights and obligations , legal form clearly defined the scope of the defendant bears the burden of proof , can solve our criminal legislation and judicial practice disjointed status quo, more scientific and rational allocation of the burden of proof in criminal proceedings , the defendant's actions to better safeguard the rights and legitimate interests .

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