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 double tier model and the burden of proof is clear. We cannot introduce or borrow the British and American double tier model to clearly exclude the burden of proof of behaviors which have social harmfulness for it could lead to the increase of the accused’s burden of proof and therefore causes inability of proofing, the burden of proof of both the prosecuting and defending parties mixed and conflict, and no way for bearing the burden of proof for the accused. Key words: The constitution of a crime; Behaviors that exclude social harmfulness; Double tier model; Burden of proof CAI He 2013 . Feasibility of the Application of Common Law Double Tier Model in China from the Burden of Proof Perspective. Canadian Social Science, 9 4 , -0. Available from: /index.php/css/article/view/j.css.1座机电话号码0130904.2572 DOI: /10.3968/j.css.1座机电话号码0130904.2572. The formation of a crime requires a series of conditions which are scattered in the rules of the criminal law. Gathering all these conditions, a unity containing completed internal structure is the theoretical system of a crime. The theoretical system of a crime is a theoretical model and is a thinking tool for defining crimes. Different countries’ criminal law theories adopt various theoretical system of a crime by combining with their historical and cultural traditions, realistic requirements, and other comprehensive elements. For example, in C