论公诉案件的证明责任

本文认为在公诉案件中承担证明责任的主体应是公安机关、人民检察院和人民法院,犯罪嫌疑人、被告人只负对自己无罪、罪轻的事实提出证据的责任,并不承担举证不能的法律后果,审判机关必须在证据确实、充分的情况下,才能作出有罪判决。

On the Burden of Proof in a Case of Public Prosecution

This thesis argues that in a public action the public securiity organ,the procuratorial organ and the court should bear the burden of proof,while the accused only bears the burden to give the evidences of his innocence or to prove that his crime is not so serious as is accused.The judicial organ can only bring in a verdict of guilty on condition that it has obtained sufficient evidences.