2011Journal of Fuyang Teachers CollegeRequires access

The Allocation of Burden of Proof under the Principle of Presumption of Innocence

Ding Cai-cai

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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.

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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.

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Available 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.

Key concepts: Presumption of innocence, Burden of proof, Presumption, Reasonable doubt, Order (exchange), Law, Law and economics, Criminal procedure

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