论人民法院不应承担证明责任

People's Court Shouldn't Bear the Duty of Proof

在我国诉讼理论界,传统的观点是人民法院也承担证明责任。但随着我国刑事审判方式的改革及刑事诉讼法的不断完善,这一观点无论从理论上还是在实践中都已无法适应新的要求。文章主要从对传统观点的质疑并结合理论和现实来论证人民法院不应负证明责任,从而明确人民法院不负证明责任是实现控审职能分离、保障法院公正审判、强化公诉职能的重要途径。

There is a traditional viewpoint in our science of criminal procedure law that people's court bears the burden of proof. But with the reforming of the system of trial and the improving of criminal procedure law, this viewpoint can't accommodate the new condition any more in our country. This thesis arguments 'people's court shouldn't bear the burden of proof'which is mainly based on the inquiring of traditional viewpoint and the new theory and reality. Therefore it is cleared that 'people's court shouldn't bear the burden of proof' is also an important way to realize the 'division of prosecuting and trial', to protect justice and to aggrandize the ability of prosecution.