举证责任分配是刑事诉讼的基础与核心，但在我国刑事诉讼中，举证责任与诉讼机制却产生了严重的脱节。司法制度内部和外部各种功能的衔接、利益与资源的分配和调适未能平稳转换，①这一现实无疑不利于我国刑诉机制的转变与刑事诉讼活动的优化。现　状 对举证责任的分配在立法上 The distribution of burden of proof is the basis and core of criminal procedure. However, in China’s criminal procedure, there is a serious disconnect between the burden of proof and the litigation mechanism. The convergence of various functions inside and outside the judicial system and the distribution and adjustment of interests and resources have not been able to change smoothly. This reality undoubtedly is not conducive to the change of criminal appeal mechanism and the optimization of criminal procedure activities in China. The status quo of the burden of proof of the allocation of legislation