试论刑事诉讼中的证明责任

Proof Responsibility in Criminal Suit

证明责任问题是诉讼证明中必须加以解决的问题,它起源于罗马法,不同诉讼形式下的证明责任的内涵亦有所不同,它与诉论程序的性质、形式和特点有着直接联系。我国刑事诉讼法证明责任的内容包括三个方面。(一)公安司法机关须承担证明责任;(二)某些当事人亦负有证明责任;(三)犯罪嫌疑人、被告人不负证明责任,但应如实陈述。

Proof responsibility is problem to be solved in procedural proof. It originales from Roman law. The essences of proof responsibility in different procedural forms are also different, which are directly cormected with the nature, form and characteristic of contentious procedure. There are three aspects in the proof responsibility in criminal suit in our country. First, the public security and judicial organs must take on the proof responsibility; second, some ligitants should also take on the proof responsibility; third, the suspects and the defendants needn't bear the responsibility but must tell the truth.