Classification of Elements to Law and the Distribution of the Criminal Burden of Proof

The classification of elements to law is currently the mainstream in civil procedural law regarding the burden of proof.The possibility of its applicability to the same issue in the criminal procedural law,however,was uniformly refuted by all the academics.This article argues that this negative attitude largely comes out of misunderstandings about the basic conception of burden of proof.All forms of distributive arrangement of criminal as well as civil responsibilities should rest on the basis of classification of every legal element.What makes the difference is the specific method adopted during the process of classification.In civil procedural law,the normative theory of Rosinbeck is the sweeping classification method,while in the area of criminal procedural law,the result of the classification manifests itself as the crime constitution.Therefore,it'd be better to take advantage of the perspectives on classification of elements to law,and reexamine the restructuring issue of Chinese crime constitution,thus form a proper course that can orderly channel the distribution of the burden of proof in the area of criminal law.