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一、证明责任与举证责任的异同证明责任和举证责任是一个概念还是两个不同的范畴,我国刑事诉讼法学界一直存在争论,目前也没有得到统一的认识。一种观点认为证明责任和举证责任是完全相同的概念,可以互相混用,它们是指谁负有提供证据,证明案件有关事实的义务。例如,1982年四川人民出版社出版的《诉讼法大辞典》,将证明责任解释为:“证明责任,又称举证责任,法律规定的诉讼主体的一种负担。在
I. The Similarities and Differences between the Proof of Liability and the Proof of Proof of Proof of Proof of Liability and Burden of Proof is a concept or two different categories. There has always been controversy in the criminal law jurisprudence community in our country, and so far there is no unified understanding. One view is that the burden of proof and the burden of proof are identical concepts that can be used interchangeably with each other, and they mean who has the obligation to provide evidence to prove the facts about the case. For example, the Dictionary of Procedural Law, published by Sichuan People’s Publishing House in 1982, explained the burden of proof as: ”The burden of proof, also known as the burden of proof, is a burden on the litigant under the law.