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无罪推动原则作为刑事诉讼的基本原则,对刑事诉讼中控辩双方举证责任的分配起着重要的指导作用。在中国,刑事举证责任分配制度仍未明确构建,被告人在刑事诉讼中应承担举证责任这一说法也尚未被法律接受。对无罪推定原则含义的偏差把握是问题不能解决的主要原因。在辨明无罪推定原则含义的前提下承认被告人在某些情况下负有举证责任,是我国刑事举证责任分配制度建立健全的必经之路。
As a basic principle of criminal procedure, the principle of innocent promotion plays an important guiding role in the distribution of the burden of proof on both prosecution and defense in criminal proceedings. In China, the system of distributing the burden of proof of criminal evidence has not yet been clearly established and the claim that defendants should bear the burden of proof in criminal proceedings has not yet been accepted by law. The main reason for the problem can not be solved is to grasp the meaning of the principle of presumption of innocence. To recognize that the defendant has the burden of proof in some cases under the premise of identifying the implication of the principle of presumption of innocence is the only way to establish and perfect the system of distributing the burden of proof of criminal evidence in our country.