Distribution of Burden of Criminal Proof

DOI

10.2991/iccessh-17.2017.239How to use a DOI?

Keywords

distribution principle; presumption of innocence; burden of proof; system improvement

Abstract

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.

Copyright

© 2017, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Changlin Ke
PY  - 2017/06
DA  - 2017/06
TI  - Distribution of Burden of Criminal Proof
BT  - Proceedings of the 2nd International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2017)
PB  - Atlantis Press
SP  - 1024
EP  - 1028
SN  - 2352-5398
UR  - https://doi.org/10.2991/iccessh-17.2017.239
DO  - 10.2991/iccessh-17.2017.239
ID  - Ke2017/06
ER  -