刑事诉讼改革背景下证明责任与举证责任分配及其完善

英美法系与大陆法系国家分别采用当事人主义和职权主义刑事诉讼模式,就证明责任和举证责任分配而言,在主体、客体和价值追求等方面互见长短,各有利弊.以职权主义为背景吸收当事人主义因素,以增强庭审方式抗辩式色彩的我国刑事诉讼改革是世界范围内两大法系相互借鉴的又一典型例证.在此背景下,证明责任和举证责任具有了新的涵义,其分配折射出采取削弱法官主导作用和强化控辩对抗程度两大举措的我国刑事诉讼模式转型的价值取向,但仍需完善相关配套措施和程序规则.

The Distribution of Burden of Proof and Burden of Producing Evidence and Its Accomplishment under the Background of Criminal Procedure Reformation

The distributions of criminal burden of proof and burden of producing evidence between the adversary proceedings of the Anglo-American law system countries and the litigious procedures of ex officio doctrine of the continental law system countries exhibit their own shortness and advantages. The reformation of criminal procedure which drew adversary factors into the litigious procedures of ex officio doctrine in our country was another typical case of mutual action between two law system around the world?Under such condition,burden of proof and burden of producing evidence had new meanings, and its distributions reflect the value's selection of mode's alteration which employed measures of weakening the judge's function and strengthening the degrees of confrontation between the prosecuting party and the defender, but it is needed to installing and improving the relevant measures and proceedings rules.