On The Criminal Proceedings To Prove The Allocation Of Responsibilities

In current China, in criminal judicial proof subject not sure, the object of proof, more content but narrow range, standards of proof of the present situation of simplification, ignoring the burden of proof ability between the size of the different, and ignore the object of proof itself differences, and ignore the standards of proof of hierarchy and diversity, can't form division to proof responsibility system of science, also make our criminal judicial proof the allocation of responsibility and take in a more chaotic situation. Academic circles for this kind of analysis of the current situation and argument, and proposed to the proof responsibility system construction point of view. Some view based on present situation, in line with the existing criminal litigation system, and puts forward some improvement plan; And some other ideas tend to the proof system in criminal action and the whole criminal judicial system system on the operation.The author from judicial practice, to complete paper, refer to a large number of books and literature material, cited among the more mature view demonstrates his own ideas, and puts forward some ideas and opinions. Instead of the theory research level and judicial personnel identity, the author puts forward some points of view may be naive, even with some of the first concept. But, "practice is the sole criterion for testing truth", the author of the point, in a certain extent, reflected the judicial workers to the proof system trouble and on the current criminal judicial proof responsibility system of thought. The author hope through this paper, to the judicial practice of chaos proof responsibility distribution can go find some way and method.This paper from the judicial practice of meet three corruption, bribery case of criminal procedure to define that subject, object of proof, reset criminal judicial proof standard, analyzes the concept of burden of proof, the paper our country to build the necessary proof responsibility system principle, and for the construction of our country's criminal procedure of the accused and the defended proof responsibility both sides put forward a little of his own idea. At the same time, the author thinks that, our country to build criminal judicial proof responsibility system must adhere to the principle of presumption of innocence, and adhere to the balance of the accused and the defended the principle of the lawsuit power, and adhere to the principle of convenience, and adhere to the proof, and adhere to the principle of often damage to the principle of reasonable to the defendant, and based on this, the reasonable division of the accused and the defended the burden of proof.