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利益是诉讼各方承担证明责任的最基本动机。不同的诉讼主体在诉讼中的利益取向不同,导致证明责任分配的差异。由于诉讼利益的多样性和冲突,在刑事诉讼中承担证明责任的主要是控诉机关。从诉讼利益层次性的角度来看,控辩双方基于裁判上的利益具有承担证明责任的必要,而法院因为不具有裁判上的利益,因此不能使其承担证明责任。在刑事证明责任的分配中,必须尊重利益的要求。利益的确认也是一个程序的过程。作为证明责任基础的利益必须通过主张和抗辩,由实体法规范和程序法规范确认为案件的争议,才能成为证明的对象,成为法院裁判的范围。
Interests are the most basic motivation for each party to the burden of proof. Different litigants have different interests in the litigation, leading to differences in the distribution of burden of proof. Due to the diversity of litigation interests and conflicts, the main burden of proof in criminal proceedings is the prosecutorial organ. From the perspective of litigation interest hierarchy, it is necessary for both prosecutors and defense parties to bear the burden of proof based on the interests of referees. However, the court can not bear the burden of proof because it has no referee interest. In the distribution of the burden of criminal proof, the requirement of interests must be respected. Confirmation of interests is also a procedural process. As the basis for the burden of proof, the argument must be confirmed and defended, and substantive law and procedural law should be used to confirm the case as a controversy in order to become the object of proof and become the scope of court adjudication.