| Summary: | 碩士 === 國防大學管理學院 === 法律學系 === 99 === Implement the presumption of innocence, the prosecutor should be the fact that the defendant bear the burden of proof of crime, the evidence the court investigation is led by the parties to the court only needs to be clarified in the truth, or is to safeguard the vital interests of fairness and justice and the defendant only when the launch Terms of investigation of evidence. In addition to judges and prosecutors to clarify the distinction between the powers and responsibilities, highlighting the concept of a fair court, but also help "to find the truth".
Prosecutors should be able to master the most criminal defendants on evidence, in the design of the system should naturally assume the burden of proof for prosecutors. Criminal proceedings have been taken on the doctrine of the party now, study the burden of proof on the prosecutor, the case only under the burden of proof lies in the specific degree of difference, what matters should be the prosecutor for the burden of proof, there is still much doubt .
How our practice? Behalf of the State Prosecutor to prosecute crime? Thus, the theory of the burden of proof, it is urgent.
Keywords: Prosecutor、the burden of proof、Presumption of innocence、Survey evidence、Defendant
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