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.
关键词
正当防卫/证明责任/犯罪构成/诉讼模式/修正的提供证据责任
Key words
Self-defense/Burden of Proof/Construction of Crime/Pattern of Litigation/Revised Burden of Produc-ing Evidence
维普
万方数据