刑事诉讼中的证明责任是证据理论中十分复杂而又具有重要实践意义的一个问题。建国四十年来,我国法学界围绕这一问题进行了长期的争鸣,但其中有的问题,尚存在着较大意见分歧。本文拟就此问题作进一步的探讨,以求有助于建立具有中国特色的证明责任理论。一、证明责任与举证责任辨析 The burden of proof in criminal procedure is a very complicated and important practical issue in evidence theory. In the 40 years since the founding of New China, there has been a longstanding debate among the legal circles in our country on this issue. However, some of these problems still present major differences of opinion. This article intends to further explore this issue in order to help establish the theory of burden of proof with Chinese characteristics. First, the burden of proof and burden of proof discrimination