Criminal Procedure Evidence Responsibility (11 Volumes)

Author: Song Chunxin, Editor-in-Chief
Publisher:
Publish Date: 2001-03-01
Features: The development of legal culture is a reflection of social progress and human civilization. Along with the strengthening of socialist democracy and the rule of law in China, since the mid-to-late 1980s, the principle of "burden of proof"—"he who asserts, proves"—has gradually become a conscious practice for citizens, legal persons, and other organizations to safeguard their litigation rights and legitimate interests in accordance with the law. It was precisely to adapt to this development in the rule of law and meet people's demand for litigation under the rule of law that we wrote and compiled the "Series on the Burden of Proof in Litigation" at the dawn of the new century. The "Series" includes overviews of the burden of proof in various types of cases such as criminal, civil, economic, and administrative cases, as well as rules for presenting evidence in court, the division of the burden of proof, the operation of the burden of proof process, and the scope of proof in individual cases, evidence management, and more. The "Series" strives to be comprehensive, concise, clear, and concise, making it objective, systematic, normative, and highly practical. Therefore, the "Series" serves as a guide for citizens, legal persons, and other organizations to bear the burden of proof in litigation and achieve victory, as well as a tool for investigators, preliminary examiners, prosecutors, judges, and defense attorneys, agents, and other participants in litigation to implement and fulfill the "burden of proof." The "Series on the Burden of Proof in Litigation" is a new work in the field of law, and it still needs to be tested and improved in practice. Due to the limitations of practice and expertise, shortcomings and errors are inevitable. The burden of proof in criminal litigation refers to the set of behavioral norms that emphasize the burden of proof for both the prosecution and defense sides and the parties in the trial process of criminal litigation, where the People's Court examines and confirms whether the defendant constitutes a criminal offense and the nature, severity, harm, and consequences of the crime. The burden of proof in criminal litigation cases includes two aspects: (1) General provisions on the burden of proof in criminal litigation, specifically referring to the concept, significance, purpose, rules, division, scope, operational procedures, and evidence management of the burden of proof in criminal cases, and more. (2) Statutory burden of proof in criminal cases. This primarily refers to the evidence presented by the prosecutor to prove the criminal charges against the defendant, as well as the evidence presented by parties to supplementary civil litigation to prove their claims or refutations.