The burden of proof is: 1. The public prosecutor has the burden of proof in public prosecution cases; 2. In a case of private prosecution, the private prosecutor shall bear the burden of proof; Unless otherwise provided by law, the defendant does not bear the burden of proof. In a case of public prosecution, the people's procuratorate bears the responsibility of proving the defendant guilty, and the defendant bears neither the responsibility of proving his guilt nor his innocence. The defendant has neither the responsibility to prove his guilt nor the responsibility to prove his innocence. The people's court does not bear the burden of proof, but is responsible for investigating and verifying the doubts in the evidence. legal basis
article 51 of the criminal procedure law
the burden of proof of the defendant's guilt in a public prosecution case is borne by the people's procuratorate, and the burden of proof of the defendant's guilt in a private prosecution case is borne by the private prosecutor.