长期以来，举证责任的分配和转移问题一直是我国刑事诉讼法学界争议的问题。争议的焦点主要有两个，一是人民法院是否负举证责任，二是被告人是否负举证责任。笔者认为，要搞清举证责任的分担和转移问题，既要考查举证责任的历史沿革，又要结合中国诉讼制度的实际情况，对与举 For a long time, the issue of the distribution and transfer of the burden of proof has always been a controversial issue in the criminal law jurisprudence in China. There are mainly two controversies, one is whether the people’s court bears the burden of proof and the other is whether the defendant should bear the burden of proof. The author believes that to find out the burden of proof of the burden of sharing and transfer, it is necessary to examine the historical evolution of the burden of proof, but also with the actual situation of China’s litigation system,