Share of Evidence Responsibility in Criminal Suit——an analysis by comparison

2012 
In an angle of two law systems——case law and continental law systems,the evidence responsibility of the party and the judge in the criminal suit is analyzed and combed through.It is pointed out that the evidence responsibility for the party is his responsibility for lack of evidence,while evidence responsibility for the judge is the meaning of the theme of the judging functions.Due to the difference in lawsuit idea and mode,there is relatively great diversity in the share of evidence responsibility between two law systems.Based on the analysis of difference,it is presented that China should establish the mechanism of the evidence responsibility of the party in the common law system and the evidence responsibility of the judge in the continental law system to strive to make the evidence responsibility of both the party and the judge evident and do the job of his own individually
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