在我国刑事诉讼中,通常认为公诉案件由控方举证,自诉案件由自诉人举证。针对刑事案件中出现的与证明责任问题有关的情况笔者提出以下观点:刑事案件证明责任的分配划分为定罪情节和量刑情节两个方面,定罪情节和量刑情节的证明责任分配通常遵循“谁主张、谁举证”原则,但是不同的量刑情节要有不同的证明责任分配规则。 In our criminal proceedings, it is usually considered that the prosecution case is evidenced by the prosecution and the case of private prosecution is evidenced by the private prosecutor. In view of the criminal cases arising from the issue of the burden of proof and the author of the following points: The distribution of criminal case burden of proof is divided into two aspects of the conviction plot and the circumstances of the sentencing, conviction and sentencing plot to prove the distribution of responsibility usually follows , Who evidence "principle, but the different circumstances of the sentencing have different rules of distribution of burden of proof.