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On the presumption of innocence

Author: WangMin
Tutor: YangYuGuan
School: China University of Political Science
Course: Procedural Law
Keywords: The presumption of innocence Historical origins Basic connotation While according to Criminal Procedure in China
CLC: D915.3
Type: Master's thesis
Year: 2006
Downloads: 591
Quote: 0
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Abstract


\constitutional law. The establishment of the principle of the presumption of innocence, marks the modern rule of law and national criminal justice democratization of scientific value orientation, it is not just a basic principle of protection of the fundamental rights of citizens, but also highlight the extent of a country of democracy, the rule of law and civilization . The absorption of the Code of Criminal Procedure rational core of the principle of the presumption of innocence, but the legal awareness of the presumption of innocence has not been popular, and specification of the departure from the principle of the presumption of innocence and the phenomenon is also present in the legislative and judicial practice, and even retain some of the provisions in the legislation blatant confrontation with the basic spirit of the principles of research and to explore the principle of the presumption of innocence still has practical significance. In this paper, through the analysis of the origins of the presumption of innocence, the basic connotation, just based on gaps in existing criminal procedural legislation, judicial practice and the principle of the presumption of innocence, presented comprehensively establish and carry out the preliminary concept of the presumption of innocence. Period of deepening understanding of the presumption of innocence, the presumption of innocence, the more popular awareness of the law, the relevant legislation as soon as possible to perfect. The paper is divided into four parts: The first chapter deals with the origins and historical development of the principle of the presumption of innocence. As a political and legal ideology, the presumption of innocence was first proposed by Beccaria. Beccaria is based on a social contract theory is based on the presumption of innocence in the context against forced confessions ideology, whose main thrust is to castigate torture as a \In the two legal systems, this principle has been established and in-depth development, and with the upsurge of the international human rights movement in World War II to develop the principle of the protection of human rights recognized by the international community. The second chapter focuses on the presumption of innocence connotation as well as the presumption of innocence and the right to silence, the relationship with the principle of seeking truth from facts. According to the United Nations Human Rights Committee General Comment, the basic meaning of the presumption of innocence, including four aspects: borne by the prosecutor, the burden of proof of the accusation; prove the allegations must reach a certain standard of proof; Mystery processing should be conducive to accused person; All public authorities have an obligation not to prejudge the outcome of the trial. Despite the different countries of the provisions of the Right to Silence, the international human rights conventions and documents in order to emphasize the right to silence as an independent right of action to be provided for the prosecution of persons entitled to the right to silence is the implementation of the presumption of innocence in the course of criminal proceedings The inevitable result. In addition, the presumption of innocence and the guiding ideology of seeking truth from facts of our criminal justice are not contradictory, both on the macro value goal is a unified, specific rules are not in conflict. The Chapter discussed from the perspective of value, epistemology and litigation constructed a legitimate basis for the presumption of innocence. First

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Code of Criminal Procedure
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