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证明责任所要解决的问题是:诉讼出现的案件事实,应当由谁提供证据加以证明以及在诉讼结束时,如果案件事实仍然处于真伪不明的状态,应当由谁来承担不利的诉讼结果。我国现行刑诉法虽然设专章规定了证据制度,但是由于立法本身存在不足,无疑会阻碍诉讼目的的实现。由此,我国刑诉法中确立非法证据排除原则、直接言词原则及证据展示制度等证据运用规则,对于完善我国刑事诉讼证据制度具有重要作用。
The issues to be solved in the burden of proof are: Who should bear the unfavorable litigation result if the facts of the litigation should be proved by who provided the evidence and at the end of the litigation, if the facts of the case are still in a state of unknown truth or falsehood? Although the existing Criminal Procedure Law of our country sets a special system of evidence, the lack of legislation itself undoubtedly hinders the realization of the purpose of litigation. Therefore, it is very important for us to establish the rule of excluding evidence of illegal evidence, the principle of direct verbal and the system of evidence demonstration in the Criminal Procedure Law of our country, which is of great significance to the improvement of evidence system of criminal procedure in our country.