Two Misunderstandings in the Studies on the Burden of Proof Shouldered by the Criminal Defendant——Focus on the Type and Degree of Burden of Proof

The defendant in criminal procedure exceptionally shoulders the burden of on some facts. In the academic studies of this subject,there are two relatively common misunderstandings. The first involves the type of burden of born by the defendant. It is considered that the defendant only has the burden of production but not the burden of persuasion. The second involves the degree of the defendant's burden. It is said that when the defendant fulfills the burden of production,the standard of proof can be preponderance of the evidence. If we say that the first misunderstanding is only a mistaken knowledge about the situation abroad,the second will lead to virtually wrong conclusion that conflicts with the principle of presumption of innocence.