论被告在刑事诉讼中的证明责任

被告人在刑事诉讼中应当承担部分证明责任,但它不是证明自己有罪的责任,证明被告人有罪的责任始终由控方承担,而被告人在刑事诉讼中的证明责任,实质上是一种证明其可能被控犯罪的某些要素不存在的责任.认为证明责任应当完全由控方承担,被告人不负证明责任,这一观点是片面的,也与人类认识活动的规律不相符合.

On the Burden of Evidence by the Accused in Criminal Proceeding

The accused should carry partial burden of evidence in the criminal proceeding. However, he will not prove that he is responsible. It is the accuser that proves the responsibility of the accused. The burden of evidence by the accused in criminal proceeding is to prove that some elements of the charge don't exist. The conviction that the burden of evidence is carried only by the accuser rather than the accused is one-sided and is inconsistent to the laws of human activity of cognition.