Burden of Proof Inverted Exists in China's Criminal Law?——Comment concurrently on burden of proof of possessing kind crimes on the "presumption"
Tian Li-na
Abstract
Tian Li-na
Abstract
In China's criminal law,the view of Burden of inverted is defective.Burden of Proof in nature refers to results accountability.Provisions on two special Possessing kind crimes are supposed to be of criminal crime in China's Criminal Law,so that they should be in line with general principles.Among various theories,a more reasonable one seems to be modified the responsibility to provide —— does not only mean transfer of responsibility to provide evidence but also evidence provided must reach advantage to extent that judges doubts of fact presumed.The public prosecutor shall be responsible for proving defendant guilty.It's maybe suitable to understand burden of proof of possessing kind crimes on presumption in way as forming disputable points responsibility,forming doubt points responsbility,and excluding doubt points responsibility,which much more highlight characteristics of criminal procedural law and core of innocence presumption.
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In China's criminal law,the view of Burden of inverted is defective.Burden of Proof in nature refers to results accountability.Provisions on two special Possessing kind crimes are supposed to be of criminal crime in China's Criminal Law,so that they should be in line with general principles.Among various theories,a more reasonable one seems to be modified the responsibility to provide —— does not only mean transfer of responsibility to provide evidence but also evidence provided must reach advantage to extent that judges doubts of fact presumed.The public prosecutor shall be responsible for proving defendant guilty.It's maybe suitable to understand burden of proof of possessing kind crimes on presumption in way as forming disputable points responsibility,forming doubt points responsbility,and excluding doubt points responsibility,which much more highlight characteristics of criminal procedural law and core of innocence presumption.
Key concepts: Presumption, Reasonable doubt, Burden of proof, Law, Presumption of innocence, Criminal law, Criminal procedure, Political science