Title: The Theoretic Analysis of Defendant Bearing the Burden of Proof in the Justifiable Defense
Abstract: The burden of proof is one of the cores of criminal evidence.It helps to promote the practice of the Criminal Law.According to the principle of the presumption of innocence,the complaint usually bears the burden of proof in the field of criminal suit.Whether the defendant should bear the burden is still controversial.However,it is easy to find that during the development of criminal suit history,the deficiencies of the complaint bearing the burden are appearing,and the advantages of the defendant bearing the burden are appearing.The author attempts to take the justifiable defense as example and analyzes it,which makes its provable contents more perfect through looking for the rationality of defendant bearing the burden and inquiring into what proof level it reaches.This study can help the people to protect their own rights.
Publication Year: 2010
Publication Date: 2010-01-01
Language: en
Type: article
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