Distribution of Burden of Criminal Proof

被引:0
|
作者
Ke, Changlin [1 ]
机构
[1] Human Judicial Police Vocat Collage, Dept Justice, Changsha, Hunan, Peoples R China
关键词
distribution principle; presumption of innocence; burden of proof; system improvement;
D O I
暂无
中图分类号
C [社会科学总论];
学科分类号
03 ; 0303 ;
摘要
The distribution of burden of criminal proof shall follow following principles: burden of proof borne by claimant, litigation efficiency, objection of forcing self-incrimination and presumption of innocence. In the juridical practice, because the accusing party desires for the litigation efficiency excessively and the relevant responsibility is unclear, many unjust, false and erroneous cases are produced by inducement leading to confession and extortive confession, which will cause the difficult implementation of distribution system of burden of criminal proof and difficult guarantee of equality between accusation and defense. Therefore, we shall improve the idea of scientific burden of proof in the construction system, the guarantee of defendant's related rights, reform of procuratorial system and other aspects.
引用
收藏
页码:1024 / 1028
页数:5
相关论文
共 50 条