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在我国的刑事案件审判过程中,审判人员往往忽略了对举证责任倒置和举证责任转移的区分,仅按部就班的进行审判,致使法院对于双方当事人举证、质证的过程重视不够,从而客观上放宽了审判人员的自由裁量权,最终导致法院的中立地位有所撼动,并且有损法院在人们心中的公正形象。因此,举证责任倒置与举证责任转移的差异应当被大家重视,不同功能的举证、质证应被加以区分,从而使原告和被告获得公正的审判结果。
In the process of trial of criminal cases in our country, the judicial officers often neglect the distinction between the reversal of the burden of proof and the transfer of the burden of proof and the trial only according to step by step. As a result, the court objectively relaxes the trial due to insufficient attention paid by both parties The discretion of personnel ultimately leads to the shaking of the court’s neutrality and undermines the just image of the court in people’s minds. Therefore, the difference between the reversal of the burden of proof and the transfer of the burden of proof should be taken seriously, and the evidences and evidences of different functions should be distinguished so that the plaintiffs and defendants will get a fair trial result.