刑事证明责任分配的三项基本原则

刑事诉讼基本原则中的无罪推定原则,反对强迫自证其罪原则,有利于被告原则决定和指导着刑事证明责任的具体分配,是刑事证明责任分配的基本根据。无罪推定原则确立和强化了证据裁判原则,同时可以克服刑事诉讼中的“真伪不明”,即指导法官在“未能形成确信心证时”应当如何判决的裁判法则。无罪推定原则一方面要求作为国家刑事追诉机关的检察机关,一旦向法院提出了对被告人追究刑事责任的要求和主张,它就有义务向法院证明被告人有罪这一结论的成立。另一方面无罪推定原则决定了被告疑点形成责任的性质是其辩护权的行使,被告疑点形成责任的范围仅限于有利于己证据的提出。反对强迫自证其罪原则和有利于被告原则源于无罪推定原则,同时又是无罪推定原则的具体化和细化,可以使无罪推定原则得以实现,使证明责任得以有规律和始终如一的分配。

Three Basic Principles Governing the Distribution of Burden of Proof in Criminal Litigation

Presumption of Innocence, Anti-self-incrimination, and In the Interest of the Prosecuted, are the three basic principles governing the distribution of burden of proof in criminal litigation. The Presumption of Innocence establishes the principle of judgement by evidence, and guides judges in their decision when they can't form an inner conviction. On the one hand, the presumption of innocence requires that once the procuratorial organization has put forward a requirement for the court to ascertain the criminal liability of a defendant, it has a duty to prove the crime. Since the procuratorial organization acts as an agent of the state, we can say that the procuratorial organization under-takes the responsibility of objective proof. On the other hand, the Presumption of Innocence determines that the defen-dant exercises his right to defence when putting forward his doubts, and he only has the responsibility to form doubts that are in his own interests. The principle of Anti-self-incrimination and the principle of In the Interest of the Prosecuted have their origins in the Presumption of Innocence, they can help realize the presumption of innocence, and enable the reasonable and consistent distribution of the burden of proof.