Presumption of Mens Rea:In perspective of the Relevant Rules in Anglo-American Countries

Since consciousness and willing are characterized by subjectivity,it is hard for the prosecution to prove mens rea in criminal proceedings.Without confession of the accused,people can do nothing but rely on presumption to prove mens rea.However,uncertainty of the presumptive conclusion often invites suspicion of the feasibility of presumption of mens rea.Moreover,the test of evidence for presumption of mens rea is inconsistent with that direct evidence.Further,distribution of burden of proof may also stir up controversy.Comparatively,some rules concerning presumption of mens rea have well established in Anglo-American countries,which may serve as reference for us.