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刑事举证责任的承担是刑事诉讼证据制度中的重要问题,举证责任由控诉方负担是刑事举证责任分担的一般规则,但是随着刑事诉讼的发展,在特定的条件下,还存在刑事被告人负担举证责任的情况,对这个问题的探讨对我国刑事诉讼立法及实践具有重要意义。本文通过对举证责任倒置进行理论分析,进而对完善我国被告人举证责任制度提出了建议和意见,并着重剖析了几类应使用举证责任倒置的情况。
The burden of criminal burden of proof is an important issue in the system of evidence of criminal proceedings. The burden of proof is borne by the prosecutor, which is the general rule of burden of criminal burden of proof. But with the development of criminal lawsuit, under certain conditions, criminal defendant burden The burden of proof, the discussion of this issue is of great significance to the legislation and practice of criminal procedure in our country. This article makes a theoretical analysis of the inversion of the burden of proof, and then puts forward some suggestions and suggestions on how to improve the system of the burden of proof for the defendants in our country. It also focuses on the analysis of several situations where the burden of proof should be inverted.