论刑事诉讼中被告人的证明责任
Burden of Proof on the Accused in Criminal Proceedings

证明责任理论是研究证明相关问题的核心。总的来说，我国的证明责任制度还处于一个不断构建，不断完善的过程之中。近年来我国学者对于证明责任的研究主要集中于对其类型的区分、现有机制的运行状况以及证明责任的分配这三个板块，但同时也存在着证明责任体系的不合理性，例如作为证明责任其本身内涵模糊不清，现有的证明责任相关规定难以满足司法实践的需要，进而导致出现理论与实践在一定程度上的背离。基于此，对被告人在刑事诉讼中承担证明责任的问题进行讨论，有利于我国刑事证据制度的完善。
The theory of burden of proof is the core of the study of proof-related issues. In general, China's burden of proof system is still in the process of continuous construction and improvement. In recent years, China’s scholars for the responsibility to prove the research is mainly focused on its type of distinction, the operation of the existing mechanism and the distribution of the responsibility to prove the three panels, but there is also the responsibility to prove the irrationality of the system, for example, as the responsibility to prove the connotation of the ambiguity, the existing responsibility to prove that the provisions of the relevant provisions of the judicial practice is difficult to meet the needs of the practice, which led to the emergence of the theory and practice to a certain degree of deviation. The theory and practice to a certain extent. Based on this, the defendant in criminal proceedings to bear the burden of proof of the problem of discussion, is conducive to the improvement of China’s criminal evidence system.