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一、引言证明责任是刑事证据制度的重要组成部分。长期以来,我国刑事诉讼法学界在证明责任问题上存在着很多争论,对于诸如证明责任的性质、证明责任与举证责任的关系、证明责任分配的原则、被告人是否承担证明责任、法官调查与证明责任的关系等问题,都曾有不同的看法。但近年来,大多数学者都投入到对刑事诉讼制度改革问题的研究之中,对于证据制度的构建更多地采取一种“拿来主义”的态度,而对包括证明责任问题在内的一些基本理论问题则很少涉猎,结果导致这一问题的研究渐渐趋于沉寂。
I. Introduction Proof of responsibility is an important part of criminal evidence system. For a long time, there are many controversies about the burden of proof in China’s criminal law jurisprudence. For example, the nature of the burden of proof, the relationship between the burden of proof and the burden of proof, the principle of the distribution of burden of proof, whether the defendant assumes the burden of proof, the investigation and proof of the judge The relationship between responsibility and other issues, have had different views. In recent years, however, most scholars have devoted themselves to the study of the reform of the criminal procedure system. They have adopted a more “take-away” attitude toward the construction of the evidence system. However, many scholars, including the burden of proof, Some of the basic theoretical issues are rarely covered, resulting in the study of this issue gradually become quiet.