The burden of proof in criminal proceedings is

Legal analysis: 1. All public prosecution cases are undertaken by the Procuratorate. 2. The court has the power to investigate and collect evidence. When collecting evidence, the court may notify the defense lawyer or prosecutor to be present. 3. The defendant has no obligation to prove his guilt. No one can be forced to prove his or her guilt. The defendant voluntarily pleads guilty. If there is no other evidence, the court will not accept it. 4. The defender and defendant have the right to provide evidence proving the defendant's innocence or minor crime. 5. Lawyers can collect evidence from units and individuals who voluntarily provide evidence to lawyers, or they can provide evidence clues and apply to prosecutors and judges to collect evidence. 6. In private prosecution cases, the status of the private prosecutor is equivalent to that of the plaintiff and bears the burden of proof that the defendant is guilty. If evidence cannot be provided or the evidence is not accepted, the case shall be withdrawn.

Legal basis: "Criminal Procedure Law of the People's Republic of China"

Article 41 The defender believes that the evidence collected by the public security organs and the People's Procuratorate during the investigation, review and prosecution period proves that the criminal suspect, If evidence proving the defendant's innocence or minor crime has not been submitted, he has the right to apply to the People's Procuratorate or People's Court for access.

Article 43: With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, or apply to the People's Procuratorate or People's Court to collect and obtain evidence, or apply to the People's The court notifies the witness to appear in court to testify. With the permission of the People's Procuratorate or the People's Court, and with the consent of the victim or his close relatives, or the witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.

Article 51 The burden of proof of the defendant’s guilt in public prosecution cases shall be borne by the People’s Procuratorate, and the burden of proof of the defendant’s guilt in private prosecution cases shall be borne by the private prosecutor.

Article 52: Judges, prosecutors and investigators must collect various evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of the crime in accordance with legal procedures. It is strictly prohibited to use torture to extract confessions and to collect evidence through threats, inducements, deceptions or other illegal methods, and no one may be forced to prove his or her guilt. It is necessary to ensure that all citizens who are related to the case or know about the case have the conditions to provide evidence objectively and fully. Except for special circumstances, they can be hired to assist in the investigation.

Article 54 The People’s Court, People’s Procuratorate and Public Security Bureau have the right to collect and obtain evidence from relevant units and individuals. Relevant units and individuals should truthfully provide evidence. Physical evidence, documentary evidence, audio-visual materials, electronic data and other evidence materials collected by administrative agencies during the course of administrative law enforcement and case investigation can be used as evidence in criminal proceedings. Evidence involving state secrets, business secrets and personal privacy shall be kept confidential. No matter who forges, conceals or destroys evidence, no matter who the evidence belongs to, they will be held accountable by law.

Article 55: When sentencing in all cases, emphasis should be placed on evidence and investigation and research, and oral confessions should not be taken lightly. If there is only the defendant's confession and no other evidence, the defendant cannot be found guilty and punished; without the defendant's confession, if the evidence is reliable and sufficient, the defendant can be found guilty and punished. If the evidence is reliable and sufficient, it must meet the following conditions: (1) The facts of conviction and sentencing are supported by evidence; (2) The evidence on which the case is decided is verified to be true through legal procedures; (3) Based on the evidence in the entire case, the ascertained facts have been verified. Beyond reasonable doubt.