The Practice,Mechanism and Chinese Model of Burden of Proof on Self-Defense
The essential function of the burden of proof is to provide system devices for judges when the truth of a case is not clear,and the important function is to urge the prosecution and the defense to produce evidence to pro-mote the litigation procedure actively.The key reason why the clause of self-defense in China is dormant and the finding of self-defense is difficult lies in the burden of proof as well as the clarification of the elements of self-de-fense.However,the burden of proof on self-defense is random and chaotic in judicial practice.The analysis of the history and factors of the burden of proof on self-defense in the major countries of two legal systems can provide a way to clarify it in China.As the intersection of substantive and procedural laws,the burden of proof on self-defense needs to be established based on the theory of crime construction,litigation mode and the strength of prosecution and defense in China,so as to establish the defendant's revised burden of producing evidence.
Self-defenseBurden of ProofConstruction of CrimePattern of LitigationRevised Burden of Produc-ing Evidence
万方数据
维普
