试论程序性辩护的举证责任

A try on the burden of poof in procedural defenses

程序性辩护在我国法庭上日益多见,但由于举证责任不明,程序性辩护处于一种“曲高和寡”的状态。在一般性程序性辩护中,辩护方应当负举证责任。在狭义程序性辩护中,辩护方只负担疑点形成责任,由控方承担举证责任。

Procedural defense appears in our country＇s court increasingly and frequently. However, it is still caviar to the general because of the unclear burden of proof. In a common procedural defense, the defendant has to take the burden of proof. In procedural defense of narrow sense, the defendant just has to take the burden of forming suspicious points whereas the prosecutor has to take the burden of proof.