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The presumption of innocence into the constitution of the research problem

Author: LinDong
Tutor: MiaoLianYing
School: Zhengzhou University
Course: Legal
Keywords: Presumption of innocence Guarantee human rights Constitution Democracy and Rule of Law Harmonious Socialist Society
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 231
Quote: 0
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Abstract

The principle of presumption of innocence means the prosecution has the burden of proving facts sufficient to satisfy each element of the charged crime. If the prosecution fails to meet it’s the burden with respect to any one of element, a defendant should be found not guilty of that crime. The principle is a symbol that leads absolute monarchy to democracy fair, the ignorance and backwardness to scientific progress, respect for fundamental human rights, and social justice. In the criminal Procedure, the litigation status, the legitimate rights of criminal suspects and the accused all be decided by it. The principle of presumption of innocence is the important symbol of the modernization judicial litigation.The principle of presumption of innocence is the basic principle of modern rule of law, is also international basic human rights of a generally accepted item of the society. As a principle had been confirmed of protecting basic human rights by the international convents in the Criminal Procedure, it also is the lowest limit standard of establishment and promote about human rights guarantee in the crime judicial fields in United Nations, many international community widespread adopt. Whether a nation adopting and carrying through this principle, has being the main symbol that measures the degree of modern civilization and human rights guarantee condition of the nations subject to the rule of law.Therefore, though that principle is mainly applicable to the pertaining to crime judicial realm, in essence, the principle of presumption of innocence is a constitution principle. From the height of constitution, the principle of presumption of innocence marks modern human rights spirit contained by criminal procedure system, in the modern society, the principle of presumption of innocence as the basic principle of the Criminal Procedural Law has widespread meaning in the international convention, having the legal status that can’t be shaken in constitution and the Criminal Procedural Law in all countries. This principle is embodying its value in the aspects of guaranteeing citizen legal rights now, and turning into the theories sill of the modern democracy society gradually.As the national basic laws, the constitution effect is far high of Criminal Procedural Law, Presumption of innocence as a constitution principle legislated in our country, the purpose lies in limiting the government coercive measures threaten personal life, freedom, property etc. basic rights, guarantee personal of independence, the corpus position of[with] autonomy, opposite to strong government. Although the principle benefits the man who mainly having being prosecuted of committing crime suspect and accused person, it also requests obstructing the government that adopts the measure out of the procedure infringing upon basic human rights of the citizen at will.It is concluded that this principle really established not only arouses the whole Criminal Procedural Law nomocracy and democratization, but also for exalting the position of the citizen in the political and in the social activities, which protect personal be free from political power intervention, all have very important meaning. Say from this meaning, the principle of presumption of innocence not only is a basic litigation principle, but also is a political principle, principle of rule of law which relates immediate interests to each citizen. Because our country presumption of innocence now of traditional thought and way of doing are hard to overcome of present condition, we have to from the height of constitution rules presumption of innocence definitely, making the judicatory practice section is real to accept the principle of presumption of innocence and the pertaining to crime rule of law contained by this principle, making the whole society exalting the value of this principle.Lenin says that: "The constitution is a piece of paper written of people’s right". As a fundamental law on one hand, providing the national basic system of the national prestige, form of government...etc. and organizing a way, making sure of the Human right to life, liberty and the security of person. Etc. basic right; On the other hand, as the foundation of other each departmental laws, it is called empress laws again.In the various principle item of assurance of human rights, the principle of presumption of innocence is doubtless very importance and many principles develop from it, this is embodied in constitutions of many nations now. However, As lacking democracy spirit and rule of law because of the history of the feudalistic tradition society for several thousand years in our country, the principle of presumption of innocence didn’t be acknowledged before. Absorbed the basic contents of this principle In the criminal Procedure law in 1996, this symbolized that the theories of the criminal Procedure in our country gradual mature, human rights thought are more filtering into people’s minds. But we doesn’t legislated this principle, all only stay around of the departmental laws "Criminal Procedural Law". So even if the modification of Criminal Procedural Law at" the principle of presumption of innocence "and" its related system" can acquire breakthrough, we will also face thus of embarrassed: as the "empress laws " of Criminal Procedural Law ,the constitution doesn’t write a word about" the principle of presumption of innocence ".Being legislated in the Criminal Procedural Law shouldn’t been the point of departure or terminal point "the principle of presumption of innocence", it should even be confirmed as a top standard principle in the "empress laws " constitution. Along with our country legal system pushing forward continuously, perfecting our country judicial system, establishing the principle of presumption of innocence as a constitution principle will Come true by all means. These not only have an important influence in the Criminal Procedural, but also perfect our country Safeguarding Human Rights system actively.Before a verdict of guilty, the legal status of innocence of anyone was constant, and can’t be converted into criminal. This is the most basic request of the principle of presumption of innocence, the request of the objective regulation of criminal procedural developing, is also the request of judicatory fair now. We want to build a socialism harmonious society, but judicatory fair is the foundation of building the harmonious society, is the security system base line supporting society fair, society diapason and development. The harmonious society must be the society under the rule of law .Only judicial fair, and then can support society fair. According to carrying out value orientation of judicial fair, the principle of presumption of innocence exactly is the irrefutable legislative presumption.The principle of presumption of innocence reflects socialism democracy principle, humanitarianism principle and legal system principle, "presumption of innocence " is an important principle of Criminal Procedural law, and also is the important constitution principle of society under the rule of law. As the constitution principle the principle of presumption of innocence has special constitutional government meaning. Although we cann’t optimistic to the current lawmaking and the judicial condition the principle of presumption of innocence also have a very long and difficult way to walk. But it will exert its History value and Bright magic power sooner or later In the mankind’s social civilization progress, in constructing the society under the rule of law in our country.

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