Who will bear the burden of proof for intentional injury and justifiable defense?
The legitimate defender bears the burden of proof, and the Criminal Procedure Law stipulates that the people's procuratorate or procuratorial organ bears the burden of proof for the criminal suspect's guilt. If the proof activities are carried out according to the common standards of four elements of crime in China, then the work of procuratorial organs is to prove the four elements of crime one by one, so that the legal facts formed are clear and the evidence is indeed sufficient. Arranging the behavior evaluation excluding justifiable defense and other crimes outside the crime constitution system is equivalent to exempting the prosecution from the burden of proof of justifiable defense. Therefore, the lawyers group represented by Tian Wenchang also believes that self-defense and emergency avoidance are typical shifts of the burden of proof, and the prosecution can complete the burden of proof only by proving the harmful consequences and the causal relationship between the consequences and the defendant's behavior. If the defense advocates self-defense or emergency avoidance, it shall bear the corresponding burden of proof. This view seems to be consistent with Article 35 of the Criminal Procedure Law, which stipulates that defenders should provide evidence to prove that criminal suspects and defendants are relieved or exempted from criminal responsibility. But in essence, the burden of proof is the distribution rule of proof in advance, that is, the burden of proof is clearly defined at the beginning of proof, aiming at urging the parties to actively fulfill their obligations of proof and cross-examination and ensuring the credibility of the judiciary.