关键词: 证明责任, 提证责任, 说服责任, 强制鉴定

Abstract: The restricted criminal responsibility came into being with the development of practice in criminal responsibility of mental illness from "either responsible or not" to co-existence of medial form in Anglo-American Legal System. At the same time, the distribution of burden of proof of mental illness has grown from absolute burden to relative burden for the prosecutor, achieving the distributed way of the burden of providing evidence on the accused defendant and the burden of persuasion on the prosecutor. We should construct a compulsive identification system on the base of reasonable assignment of burden of proof about mental illness. So that we can improve the reasonable distribution of burden of proof and ensure the due process.

Key words: burden of proof, burden of producing evidence, burden of persuasion, compulsive identification