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The Application and the Regulation of Criminal Presumption

Author: XiaLianCui
Tutor: WangJunMin
School: East China University of Political Science
Course: Procedural Law
Keywords: Criminal Presumption Be applicable Substantive regulation Procedural regulation
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 32
Quote: 0
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Abstract


Criminal presumption system as an important part of the law of evidence, play an important role in ease the difficulty of proof and the facts of the case. The Two Schools national criminal laws exist in most criminal presumption content, also through the implementation of mechanisms to protect the presumption of the application of the system and relief. System of criminal presumption Although China has caused great concern in academic and practical, but in the legislative provisions, there are still more judicial application Mechanism. This paper tries to be summarized on the the criminal presumption of legislative and judicial status quo, and our system of criminal presumption exists on the basis of comparative research to identify problems and causes, initially put forward to improve the criminal constructive regulatory measures applicable substantive and procedural promoting the development of China's criminal presumption properly apply. In addition to the introduction and conclusion, the paper is divided into five parts: The first part of the constructive overview. Currently, the use of our constructive concept in a chaotic state This section describes the concept of the presumption, classification, properties and functions of the judiciary, in order to define the nature of the presumption. The second part of our criminal presumption applies to the status quo, on the the criminal presumption applies state. This article is summarized in the form of a list to reflect the the criminal presumption legislation applicable to the current situation of the 22 legal presumption examples, summed up China's the criminal presumption applies characteristics and according to the above-mentioned cases. Briefly summarized presumption of judicial status quo. The third part of the criminal presumption applies to the status quo and the Regulation of Foreign Investigation. A brief introduction the Two Schools national criminal presumption Scope and regulatory practices, and lessons on improving our criminal presumption applies mechanism with reference value and reference content. The fourth part of the criminal presumed the applicable status quo assessment. Pointed out that our criminal the presumption applicable process issues, and to reflect on the reasons for the problem. Part V applies criminal presumption Regulation and Improvement. Raised in the review and sum up the criminal presumption applies to the status quo on the basis perfect Criminal constructive path for regulation. Presumption itself is an extremely complex subject, and its cause academic emphasis on only a few short years. No mature theoretical framework in the process of writing this article, can refer to, also too convincing conclusions can play, the author with great enthusiasm, and the heart of a disturbed criminal presumption applies to try and Regulation explore, discussed and perspectives inevitably biased, pending future continue learning and studying.

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