论辩护性证明理论的建构

On the Construction of Defense Proof Theory

辩护性证明是指在刑事诉讼中被告人及其辩护人提供证据证实其辩护性主张成立的诉讼活动。学界对被告人证明责任问题已有论及,对辩护性证明对象及其证明标准却鲜有研究,对辩护证明理论的全面研究更是寥寥无几。辩护性证明责任、辩护性证明对象以及证明标准等是辩护性证明理论中重要的基础性问题,它们是建构我国辩护性证明理论的重要组成部分。

Defense proof is a lawsuit action taken by the defendant and its defender to offer evidence to prove their defensive claim. Scholars have already studied the defendant＇s burden of proof, but rarely studied the defensive proof object and its standard of proof and there lacks of a comprehensive study on defense proof theory. The article holds the view that the burden of proof, proof object and the standard of proof of defense are the basic issues of the defense proof theory and they are the important parts of the defense proof theory.