一、举证责任的概念多数学者认为举证责任与证明责任是同一个概念,并在理论上将二者不加区别地使用。这种观点值得商榷。刑事诉讼客观地存在着控诉、辩护和审判三种不同的诉讼职能。三种职能分别由不同的诉讼主体承担。它们都服务于相同的诉讼目的,即准确、及时地查明案件事实,正确应用法律。因此,所有执行一定诉讼职能的主体都必须通过证明活动来实现自己的诉讼职能,对案件事实都承担一定的证明责任。可见,证明责任是一个范围广泛的概念。但是,不同的诉讼主体,由于执行的诉 First, the concept of burden of proof Most scholars believe that the burden of proof and burden of proof is the same concept, and in theory will be used indiscriminately. This view is questionable. Objectively there are three kinds of different litigation functions: complaint, defense and trial. The three functions are borne by different litigants respectively. They serve the same purpose of litigation, that is accurate and timely identification of the facts of the case, the proper application of the law. Therefore, all those who perform a certain litigation function must prove their activities to achieve their own litigation function, bear the burden of proof on the facts of the case. Visible, proof of responsibility is a wide range of concepts. However, different litigants, due to the enforcement of the complaint