略论我国刑事案件的证明责任

在我国刑事诉讼中,通常认为公诉案件由控方举证,自诉案件由自诉人举证。针对刑事案件中出现的与证明责任问题有关的情况笔者提出以下观点：刑事案件证明责任的分配划分为定罪情节和量刑情节两个方面,定罪情节和量刑情节的证明责任分配通常遵循＂谁主张、谁举证＂原则,但是不同的量刑情节要有不同的证明责任分配规则。

The Study for the Burden of Proof in Death Penalty Cases

On the issue to the burden of proof,the criminal proceedings usually considered the case of public prosecution evidence by the accuser,the case of private prosecution evidence by the private prosecutor.That is,in the general view ＂the one who proposal is the one who have to put the proof＂.I propose the following view about the issues in the death penalty case;the allocation of the burden of proof in death penalty cases is divided into two aspects：conviction and sentencing.And they usually following the principle ＂ the one who proposal is the one who have to put the proof ＂.But the difference to the measurement of penalty should have the difference in allocation of the burden of proof.