The Allocation of Burden of Proof under the Principle of Presumption of Innocence
Ding Cai-cai
Abstract
Ding Cai-cai
Abstract
As a cardinal rule of the criminal procedure system,the principle of presumption of innocence requires that the prosecution bears the burden of proof.However,in consideration of kinds of procedural values,we stipulate that in some special cases or facts,the defendant bears the burden of proof.In order to protect human rights well,the reversion onus of proof is limited to some situations provided by the law.At present,we lack such kind of rules in the criminal law system,looking forward to improvement in the future.
A significance statement is not available in the OpenAlex record.
A contribution statement is not available in the OpenAlex record.
Method details are not available in the OpenAlex metadata.
Findings are not separately available in the OpenAlex metadata.
Limitations are not available in the OpenAlex metadata.
Application details are not available in the OpenAlex metadata.
As a cardinal rule of the criminal procedure system,the principle of presumption of innocence requires that the prosecution bears the burden of proof.However,in consideration of kinds of procedural values,we stipulate that in some special cases or facts,the defendant bears the burden of proof.In order to protect human rights well,the reversion onus of proof is limited to some situations provided by the law.At present,we lack such kind of rules in the criminal law system,looking forward to improvement in the future.
Key concepts: Presumption of innocence, Burden of proof, Presumption, Reasonable doubt, Order (exchange), Law, Law and economics, Criminal procedure