The Allotment of Confirmation Obligation in Criminal Procedure Viewing from the Balance of Accusation and Refution

Confirmation obligation is considered as the "backbone of lawsuit".In the criminal litigation,the allotment of confirmation obligation is simplified in China under the principle of "innocency presumption" and "people who made affirmance should make quotation".Many issues are not be specified in law,such as the principal part,the objective and the allotment of the confirmation obligation,and the confirmation criterion for each principal part to undertake confirmation obligation,which results in the confusion of obligation allotment in lawsuit.Through summarizing the concepts of confirmation obligation in western countries and China,this study defines the concept of confirmation obligation in China and analyzes the obligation of accusing and refuting parties.The function of justicer in balancing the power of accusing and refuting parties is discussed.