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Proof in criminal proceedings the burden of proof of criminal proceedings

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					Proof in criminal proceedings the burden of proof on the criminal
proceedings

 burden of proof in criminal proceedings

 [Abstract] burden of proof in criminal proceedings the question, is that
the system of criminal important. The implementation burden of proof and
shall fulfill that obligation, is to ensure that criminal proceedings
accurately identify the facts of the crime, correct application of law,
punishment of criminals, protection of the innocent people from criminal
liability in key areas. This according to "The People's Republic of China
Criminal Procedure Law," the relevant provisions of the criminal burden
of proof mechanism was to justify criminal proceedings that, in addition
to including the burden of proof, it also includes participation in
parties and other persons shall provide evidence, the use of evidence to
prove the fact that the activities advocated. Explained that the
implementation is the responsibility of handling criminal cases, the
correct premise, in the country, according to the relevant provisions of
the Criminal Procedure Law and judicial experience, that responsibility
is the security organs should collect evidence, provide evidence of facts
of the case responsibility, and part of the law should provide evidence
of the parties that the claim of responsibility. The nature of legal
obligations and legal consequences of unification. Burden of proof in
criminal cases to determine the bearer, in the prosecution case, the
burden of proof borne by the security organs, Private Prosecution to
prove the bearer of the Public Prosecution case is different, according
to "Code of Criminal Procedure," Article 170, Article 171 provisions in
the case of private prosecution, the private prosecutor bears the burden
of proof. State criminal responsibility in prove defective hard case to
prove the principle, in accordance with the laws of China, public
security and judicial and public officials in the course of criminal
proceedings to prove fault as a result of criminal cases in the entity or
defects in the procedure, was found the wrong cases, should bear the
responsibility of his position of subjective fault, but never for
difficult cases the principle should be adopted. Made a series of
demonstration and analysis.
 [Key words] the burden of proof; criminal; evidence; judicial

 burden of proof, is an important part of the evidence system. Evidence
in criminal proceedings is a criminal case to be solved, per crime are
punished. The key to determining criminal responsibility. Therefore, the
implementation issue of burden of proof in criminal proceedings is the
correct handling criminal cases, the identification of crime and criminal
accountability to achieve the task of crime really is criminal, "punish
crime, protect the innocent, uphold law and order and social security"
Pursuit of Value .
 1, the mechanism of Burden of Proof Analysis
 proof in criminal proceedings, in addition to including the burden of
proof, it also includes criminal cases, participation in parties and
other evidence according to law, the use of evidence to prove the claim
the fact that activity. Specifically, including statutory authorities and
parties the burden of proof, the burden of proof of the main complaints,
and other participants in the proceedings of statements accountability.
The latter two are former service, so that criminal activities of
criminal responsibility is an integral part of the contents of the most
complete.
 (1), Burden of Proof and horizontal composition
 First of all, the exercise of judicial power of the state organs have
the right to prove, have the burden of proof of the main qualifications,
as the Burden of Proof. Currently, in accordance with the relevant
provisions of our laws, to be the Burden of Proof State organs public
security organs, state security organs, the People's Procuratorate, the
people's court and prison authorities. The object of the burden of proof,
namely that the main responsibility for the collection, examination, use
of evidence, pointing to the object that activity, that is, the fact that
litigation in the dispute, including the fact that physical facts and
procedures. Entities, including the fact that the specific facts
constitute a crime, as the lighter, reduced, or the fact that the grounds
of criminal punishment, and the suspect, the defendant's personal
circumstances and the specific performance of future crime. Procedure to
solve the fact that proceedings have legal significance of facts.
Include: the avoidance of the facts; on whether the delay period within
which proceedings can not resist the reasons and the fact that other
legitimate reasons; effect to the fact that some coercive measures;
violation of due process the fact that so.
 Second, clear standards of our Code of Criminal Procedure provides that
"the facts clear, the evidence is reliable and sufficient." The so-called
"facts of the case clearly," refers to the criminal conviction and
sentencing of the facts and circumstances of the crime must be
investigated one by one. For those who do not affect the conviction and
sentencing of the set, no need to identify one by one. The so-called
"evidence is reliable and sufficient" evidence of the quality and
quantity is the total requirements. Indeed the evidence, that evidence
must be true for each and has probative force; evidence is strong that
the evidence must reach a certain amount, the amount of evidence
consistent with legal requirements. The standard specifically refers to
the following requirements: to be finalized, according to the relevance
of evidence; according to finalize the proven ability to prove;
constitute a crime the fact that all elements are relevant evidence to
prove that; all the evidence in general, has to be sufficient to proven
facts of the case come to the conclusion certainty, rule out all other
possible lines. When the accused have a criminal suspect, but no specific
evidence of a crime, then the treatment should be acquitted; when the
crime to the defendant, Zuiqing difficult to determine when further
verification must be evidence of a crime, as a basis for sentencing in
all criminal proceedings stage, due to the different legal acts, as well
as the fact that the substantive law and procedural law between facts
prove that the specific standards vary. And on the avoidance of filing
the violation of due process, the implementation of some of the facts and
procedural law enforcement measures taken by the fact that standard of
proof in both cases, no need to clear up facts of the case, there is
ample evidence.
 again, the principle of responsibility from that point of view, should
include the terms of the principle of responsibility and liability
principle stage. Terms of the principle of responsibility means that
public security and judicial burden of proof to prove its right to
produce, and in particular the appropriate authority for security. Thus,
the proof in criminal proceedings, should bear the principal organs of
the terms of the corresponding burden of proof. Investigative authorities
the right to adapt its investigation, is mainly responsible for
collection of evidence through investigation, uncovered evidence of crime
and through the pre-verification, facts of the case responsibility.
Prosecution, the right to adapt to their indictment, prosecution material
transfer should be reviewed to further verify the evidence, determine
whether to prosecute the case and Itself Collect and examine evidence,
identify the facts of the crime, prosecution of responsibility. Judicial,
and its corresponding jurisdiction, take over the court, comprehensive
evaluation of evidence, evidence to confirm or supplement the
investigation with the ultimate facts of the case, the responsibility to
judge a series of Proof. Pursue adversarial trial, the pursuit of true
form of common law countries the trial as a theory, the opposition
parties on an equal footing, in the right to decide the outcome of the
dispute before the judge ruled the struggle carried out by the judge as
the arbiter does not participate in the negative investigate and collect
evidence of activities, and therefore not responsible for the
investigation of evidence collection. In terms of the investigation to
establish the principles and entities based on the principles of civil
law inquisitorial trial, the court found that trial the right to collect
and to make the case to reveal the truth and the facts proved, and
therefore bears responsibility for the collection and investigation of
evidence.
 In addition, the stage of the Criminal Division that led directly to the
stage to bear the burden of proof. The investigation phase of the Burden
of Proof is the investigating authorities; Burden of Proof in the
prosecution stage of the prosecution; the trial stage, including the main
responsibilities of courts and prosecutors. Therefore, during the
proceedings, which stages an error, the burden of proof from the main
body of negative commitment, and is responsible for state compensation
and the fault should bear the legal responsibility.
 (2), Burden of Proof and vertical composition
 first phase of investigation that the main responsibility for public
security organs and the People's Procuratorate. Its task is to identify
the crime that seized the suspect. Content for the collection of
evidence, review the evidence to judge, confirmed facts of the case.
Object to the facts that have occurred.
 second phase of the prosecution the burden of proof, the main
prosecution have the right people for the prosecution. Task is to
investigate the burden of proof on the basis of further checks and
additional evidence of a crime, to improve procedures and facts to prove
the clarity and truthfulness, and whether the suspects to the court
delivered the decision of the trial. Thus, the burden of proof relative
to the investigation, it is a secondary proof, or as complex burden of
proof, the object still facts of the case, but the burden of proof
standard and depth of higher demand.
 third, the trial phase of the Burden of Proof is the right of the
people's court has ruled on the case. It is built on the basis of
prosecution the burden of proof is proof of the highest level, is the
highest authority of the burden of proof. Regardless of other organs and
that the participants in the psychological acceptance, to verify that the
results based on final judgments have the force of law.
 short, will spread the burden of proof, refinement, pre-stage for
different subjects and procedures, so that the burden of proof implies
self-restraint function, so that the burden of proof in three stages in a
dynamic and stable contacts so that the legitimate activities of the
entire show, and orderly way.
 2, the implementation burden of proof is a prerequisite for prosecution
of criminal cases correctly
 proof system in the development process, because of legal nature,
structure and form of different, determines the burden of proof is
different from the burden of proof The bearer has to be changes. In
common law countries, this paper from www.5udoc.com [worry documentation]
to collect and organize, for the original author! Proof theory, is
generally believed that for each of the dispute in the proceedings exist
in three kinds of responsibilities, which claims responsibility, the
burden of proof and the burden of persuasion. Claim responsibility is to
point out that the claim or request for obligations, such as what is
wrong committed against the defendant. The burden of proof is evidence to
show that the claim or request obligations. Burden of persuasion is to
make the judge believe that the fact that evidence to prove the existence
of the dispute or whether the fact that the extent of the law of
obligations. Responsibility of both the burden of proof and persuasion,
called burden of proof, namely the extent required by law and standards
of proof to prove or dispute the obligation to be confirmed.
 in China, according to the relevant provisions of the Criminal Procedure
Law and judicial experience, the burden of proof is security organs
should collect evidence, provide evidence of facts of the case
responsibility, and the law part of the parties shall provide evidence of
their litigation claims responsibility. The nature of legal obligations
and legal consequences of unification.
 burden of proof is always a certain legal duties and obligations linked.
For example, to make allegations of criminal prosecution, it is the
exercise of legal powers, is also the law in order to fulfill its duties
and responsibilities and obligations. According to the principle of unity
of rights and obligations of the prosecution in the exercise of this
authority must also bear evidence to prove allegations of matters
obligations. Direct victims to court, the truth is also true.
 burden of proof is always and necessarily linked to the legal risks.
Bear the main burden of proof, if you do not carry the burden of proof,
it is possible to assume the facts found, or propositions can not stand
the risk. Private prosecution to the court as the victim, the absence of
evidence of a crime, fails to provide additional evidence, the court can
not be accepted, the appeal could be dismissed. The judiciary, if not
required by law to fulfill that responsibility, the facts of the case can
not be identified by the establishment of its relevant judicial decisions
can be denied or withdrawn.
, of course, the question of burden of proof, there are a variety of
views. By analyzing and comparing the author that the burden of proof
should be specifically refers to the proceedings that the person has an
obligation assumed a responsibility, not to litigation claims and parties
is limited.
 3, the burden of proof in criminal cases to bear
 (1) prosecution of cases the burden of proof
 in the prosecution case, the burden of proof borne by the public
security and judicial. "The People's Republic of China Criminal Procedure
Law," the 43 clearly states: "Judges, prosecutors, surveillance personnel
must follow the legal procedures to collect to prove the criminal
suspect, the accused guilty or not guilty, crime and the gravity of all
types of criminal evidence . " People's Court, People's Procuratorate,
the public security organs, respectively, in criminal proceedings on
behalf of the State to exercise jurisdiction, procuratorial and
investigating powers to gather evidence, expose the crime, confirm that
crime is their responsibility under the law, but also that they should
perform judicial duties.
 in accordance with the relevant provisions of the Criminal Procedure
Law, the public security authorities need to arrest the suspect, it
should provide evidence to the People's Procuratorate of criminal
suspects and the fact that the exact crime. Investigations for the public
security organs shall transmit the case when the People's Procuratorate
for examination and prosecution must be identified on the facts of the
crime provided there is ample evidence. People's Procuratorate and
criminal cases accepted for review the facts, that facts of the crime is
unclear, evidence insufficient, you can return the public security organ
for supplementary investigation or conduct the investigation itself.
People's Procuratorate, the decision to prosecute must be clear of crime
has proven, the evidence is reliable and sufficient. Court conviction and
sentencing of the accused, must be based on clear facts of the crime, the
evidence is reliable and sufficient basis. The first trial court's
decision is not effective enough if the evidence, the court will be
withdrawn or the second revision. Even the verdicts, if there is
insufficient evidence of statutory bodies will also be in accordance with
procedures of judicial supervision of the case for further proceedings,
as well as the end of the trial of cases.
 in China, the People's Court under the Constitution to determine the
status and responsibilities in order to properly exercise of state court
jurisdiction, to achieve the task of criminal proceedings, the division
of labor based on the responsibility to actively investigate and verify
the evidence, can conduct an inquest, inspection, seizure, identification
and query, freeze. In court, the court can be asked whether the defendant
and the plaintiff, and cases of other witnesses, expert further inquiry
to ascertain the facts of cases. This common law countries, judges who
act as referee in the middle of the negative, do not bear the burden of
proof is essentially different.
 in the case of public prosecution, criminal suspects, defendants do not
bear the burden of proof, that is no evidence to prove his innocence of
the obligation, not because of the accused, the suspect can not prove his
innocence will be based on the obtained defendant guilty of the
conclusions suspect. However, the suspect, the defendant does not enjoy
the right to silence, the law expressly provides that the questions asked
by investigators, the suspect shall truthfully answer. Truthfully answer
the meaning is: guilty of criminal suspects should be truthful account of
crime and provide evidence that they can provide; innocent suspect you
should honestly state the facts and evidence of their innocence, and
provide their own understanding of the other criminal cases evidence or
clues. As the suspect whether the crimes of their own know best, so the
law can not allow the suspect refused to answer key questions, or for
cases of false statement, guilty, asked him to accurately account for
their acts, is conducive to accurate and timely investigation to identify
bodies facts of the case pleaded guilty to the criminal the opportunity
to seek leniency; on the innocent, and asked him to actively meet with
the investigating authorities to assist in ascertaining the facts and
identify the real criminals, while making his escape as soon as possible
suspects . The accused must be answered truthfully, does not mean that
the defendant bears the burden of proof; defendant bear the burden of
proof does not mean that the defendant has right to silence. This
provision of our law, is a departure from the practice of criminal
procedure, free from the shackles of the traditional concept of burden of
proof, there are differences with the Western theory of evidence. Such
provisions in favor of crime-fighting, and it helps to protect the
suspect, the defendant's legal rights.
 In addition, the defendants bear the guilt or innocence to provide their
own responsibility, is China's socialist legal system and socialist
democracy. As mentioned earlier, the People's Court, People's
Procuratorate and the public security organs to bear, the judiciary is
only sufficient to prove that the defendant made incriminating evidence,
to arrest the accused, prosecution, conviction and sentence; can not
prove the defendant guilty, the defendant can not arrested, charged,
convicted and sentenced. Law firm can not abandon the defendant to prove
his innocence is guilty of principle. Therefore, the burden of proof the
defendant liable, but also because the defendant in the proceedings in a
special position. The defendant is to be recalled in the object, he may
take enforcement measures to limit their personal freedom, and he failed
to gather the right evidence, nor the conditions for gathering evidence.
To ensure the identification of cases of objective truth, to protect the
legitimate rights of the defendant, the defendant can prove their
innocence or Zuiqing the material and views, but this is the right of the
accused to defense under the law, but not an obligation. He did not
exercise this right, can not lead to convict him of the legal
consequences, the defendant raised defense material must check to verify
that this responsibility is still borne by the judiciary. Originally
accused of the facts and contradictions between the evidence collected,
the judiciary must be excluded, otherwise, it must make a conclusion on
the facts of the case. For example, according to a search of the
defendant's residence and found the stolen goods, the defendant said that
he is not stolen, but can not present evidence to prove the source of
stolen goods, the judiciary should not readily believe it's justified,
accordingly finds that he can not steal , but still have to collect other
evidence. Only to collect reliable and sufficient evidence, to ascertain
his theft of time, place, method, means, and all other facts of the case
to determine his guilt. Thus, in criminal proceedings, to bear the burden
of proof is always the judiciary, not the defendant. In practice, some
judicial officers in the defendant argued his innocence, said: "You say
you innocence, proof." That the defendant must prove their innocence
should not be the responsibility of the accused, but rather the
judiciary. This simple method of handling the case, not only detrimental
to the objective identification of cases of the real situation, but also
the legitimate rights of citizens without due protection. If the judicial
officer to use torture, threat, inducement, fraud and other illegal
methods to force the defendant to provide evidence of his guilt, it is
strictly prohibited by law. This behavior, such as breach of criminal
law, should be subject to sanctions.

 (b) of the private prosecution the burden of proof in cases
 Private Prosecution to prove its commitment to the Public Prosecution
case is different. Under the "Code of Criminal Procedure," Article 170,
Article 171, in the case of private prosecution, the private prosecutor
bears the burden of proof. The private prosecutor to complain to the
court, must provide the necessary evidence. People believe that criminal
evidence was not provided when the criminals to justice, but the readme
who fails to provide other supplementary evidence, the court shall be
persuaded to withdraw his prosecution, or the court rejected let it be
criminal. In the court proceedings, judges have doubts about the
evidence, the prosecution case with the same person should not be subject
to the readme or this paper from www.5udoc.com [worry documentation] to
collect and organize, for the original author! Against the evidence
provided by the above restrictions, may adjourn an investigation to
verify the evidence, it can be inquest, examination, seizure,
identification and query, to freeze. In this sense, the court must bear
the burden of proof.
 In addition, in accordance with the relevant provisions of the Criminal
Law, Private Prosecution to prove the defendant bear the same
responsibility. If the accused in the indictment proceedings, then he
will become a private prosecutor in the counterclaim, the counterclaim
were to bear the burden of proof, must provide evidence to prove the
claims and counterclaims to be proven fact.
 4, proved flawed criminal responsibility in difficult cases to prove the
principle of
 in accordance with the laws of China, public security and judicial and
public officials in the course of criminal proceedings to prove fault as
a result, the entity or a criminal case procedural flaws, were identified
as wrong case, should bear the responsibility of his position of
subjective fault. Here the so-called "fault", according to investigators
in different subjective mental attitude, can be divided into intentional
and negligent two cases. This responsibility are divided into general law
according to their responsibility and criminal liability. Meanwhile,
according to state compensation law, because the state organs and their
staff in the performance of official duties in violation of legal cause
damage to legitimate rights and interests of others, the State should
bear the liability and may have committed intentional or gross negligence
in handling personnel recovery. Responsibilities relative to behavior,
this result is the Judicial Police at fault due to the subjective,
therefore, is a subjective responsibility. Consequences of the
responsibility and burden of proof is different from the consequences.
Consequences of the burden of proof is due to the subjective burden of
proof is not satisfactory, which led to an inevitable law of its
objective to bear the consequences of losing.
 in judicial practice, sometimes due to various subjective and objective
reasons, can not look up some cases get to the bottom, thus creating the
Department could come out of difficult cases. Law of Criminal Procedure
dealing with difficult cases have made clear stipulations. First, the
Code of Criminal Procedure established in some of the basic principles of
"non-court judgments, of any person shall be found guilty" principle;
secondly, provides the specific procedures difficult cases. Code of
Criminal Procedure provides that in the prosecution phase, after two
supplementary investigation, the People's Procuratorate is still
insufficient evidence, does not meet the conditions for prosecution, it
shall make the decision not to prosecute. At the trial stage, the court
heard evidence of a crime is still insufficient, can not be found guilty,
he shall be insufficient evidence, the alleged crime can not be
established in acquittal. That is, for difficult cases the principle
should never be taken. Suspected as innocent, is the inevitable emphasis
on the protection of Human Rights the value of options, but also issues
related to trade-offs. Suspected as innocent, of course, may sometimes
let criminals, but to ensure that innocent people are subject to judicial
accountability; suspected crime from there, it might wrong the innocent,
and can not really ensure that criminals are punished. To safeguard the
social stability and safety point of view, the crime itself has led to
violations of social order, the suspect in the crime is difficult to
determine who the real criminal case, the defendant convicted and
punished, once wronged innocent, that is, personal rights of citizens of
any violation, it is once again undermining the legal order. Because of
this destruction is in accordance with the judicial power given by the
State caused it to the victims and the public the enormous psychological
side effects, far beyond the specific case of the criminal sentence to
pursue interests. Therefore, the suspected offense never more good than
harm. Suspected as innocent, not only for the suspect, the defendant's
special protection, but also a possible suit Adaptation of every member
of society to protect personal rights of benefit to the entire social
security.


 Reference Data:
 [1]. "The People's Republic of China Criminal Procedure Law"
 [2]. Wu Yu-editor of "Evidence," published in the masses Association,
1987 edition
 [3]. Fan Chongyi editor, "Criminal Procedure", Journal of China
University of Political Science, 1999,
 [4]. Shen Daming, Anglo-American law of evidence [M]. Beijing: CITIC
Press, 1996
 [5]. [U.S.] Jon. waltzes, etc. He Jiahong translation. Criminal Evidence
Daquan [M], Beijing: China People's Public Security University Press,
1993 version of the papers from www.5udoc.com [worry documentation] to
collect and organize, for the original author! / Center>

				
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Description: Proof in criminal proceedings the burden of proof of criminal proceedings