Feasibility of the Application of Common Law Double Tier Model in China from the Burden of Proof Perspective.docVIP

Feasibility of the Application of Common Law Double Tier Model in China from the Burden of Proof Perspective [a]Ph.D, Associate Professor. School of Law, Sichuan Normal University, Sichuan, China. Supported by Sichuan Office of Education Key Fund Program 11SA045 . Received 12 April 2013; accepted 26 July 2013 Abstract Since just cause and other behaviors that exclude social harmfulness are not included in constitution of a crime, the distribution of burden of proof is not clear. Behaviors that exclude social harmfulness is the content of the defense of just cause in British and American doubl