刑事诉讼法修改至今,关于举证责任的争论表面上似乎已经平息,但是由于举证责任和证明责任长期混淆,以至于学界和实务界或仍对刑事诉讼法第四十九条带有疑问,即法条之间是否仍存在冲突或者界限不明、人民检察院是不是唯一举证责任主体等问题。为此本文通过明确举证责任的概念和举证责任的主体及梳理各法条之间的关系以澄清刑事诉讼法各法条之间的关系,彰显第四十九条的立法价值。 The controversy over the burden of proof seems to have subsided since the amendment of the Code of Criminal Procedure, but because of the long-term confusion between the burden of proof and the burden of proof, academics and practitioners still have doubts about Article 49 of the Code of Criminal Procedure Whether there is still conflict between the clauses or the boundary is unclear, and whether the people’s procuratorate is the only subject with the burden of proof. Therefore, by clarifying the concept of the burden of proof and the main body of the burden of proof and combing the relationship between the various laws and regulations, this article clarifies the relationship between the various articles of the Criminal Procedure Law and demonstrates the legislative value of Article 49.