精神病问题证明责任之我见

MY view on the burden of proof of lunacy

关于我国被告人是否存在精神病证明责任分配问题,借鉴国外经验,结合我国刑事诉讼制度特点,我们应当从三个方面区别对待:一是一般情况推定正常,无须专门证明;二是有疑点控方必须证明或者法院必须查明;三是辩方提出抗辩时,控方必须证明或者法院必须查明。

About the burden of proof of lunacy, by learning from advantages of foreign countries＇ allocation system of burden of proof and taking into account the features of China＇s legislative and judicial practices, we hold that the following three situations should be taken into account ：l,Generally speaking ,we infer the appellee heahhy in psycho, the prosecuting party is unnecessary to take the burden of proof; 2,If the appellee＇s health in psycho is in doubt, the prosecuting party should take the burden of proof, or the judge should ascertain;3,When the defense use the appellee＇s health in psycho as reason against the sue, the prosecuting party should take the burden of proof, or the judge should ascertain.