辨析证明责任和举证责任的概念,探讨责任承担的主体、责任的来源、责任的转移及法律后果。我国刑事诉讼中的证明责任和举证责任的分配折射出了在新刑事审判方式中职权主义和当事人主义的折衷。新确立的以职权主义为背景增强抗辩色彩的庭审方式对证明责任和举证责任的概念与分配产生了极大影响,在法官应该承担举证责任与证明责任上仍应进一步完善。 Analyze the concept of burden of proof and burden of proof, explore the subject of responsibility, the source of responsibility, the transfer of responsibility and legal consequences. The burden of proof and the burden of proof in the criminal proceedings in our country reflect the tradeoff between power and party in the new criminal trial. The newly established trial mode of enhancing the color of defense in the context of the power of authority has had a tremendous influence on the concept and distribution of the burden of proof and the burden of proof and should be further perfected on the assumption that the judge should bear the burden of proof and burden of proof.