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Comment on Our Country Principle of Presumption of Innocence

Author: ZhaoHui
Tutor: LiZuo
School: Northeast Normal University
Course: Constitutional and Administrative Law
Keywords: The presumption of innocence Criminal suit System
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 393
Quote: 1
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Abstract

The principle of the presumption of innocence bourgeois revolution in the 18th century, means any person who is not after the statutory judicial procedures final confirmation as guilty before the law should be him as innocent people. In modern society, the principle of the presumption of innocence as a universal significance in the International Convention on the basic principles of the Code of Criminal Procedure, has been quite a lot of the country was established as a constitutional principle, and gradually evolved into the cornerstone of modern democracy and the rule of law and social theory . The presumption of innocence as a determined and protection the prosecution objects the basic legal principles of the status of the litigation, is recognized as the most important principle in the criminal proceedings. It represents the pursuit of the modern value of the common law of the country under the rule of law, protect the Defendants entity Criminal justice and procedural justice, human rights, to achieve the litigation democracy has a very important role. Of the Code of Criminal Procedure \This thesis is divided into three parts: the first part based on the investigation of the historical development of the principle of the presumption of innocence, as the starting point for its basic meaning, come out of the prosecution has the burden of proof, right to silence, the Conflict Rules elaborated from the fair value, the value of human rights and democratic values ??discussed the value of the legal principle of the presumption of innocence, demonstrating its important theoretical value and practical significance. The second part reveals the status quo, to find the gap, analyze the reasons for the three aspects of the principle of the presumption of innocence of the applicable criminal proceedings were demonstrated. Discusses the current Code of Criminal Procedure of the carrying out of the principle of the presumption of innocence of relevant legislation and regulations based on the first, followed by starting from the lack of our legislation and practice, discusses the current Code of Criminal Procedure clearly established the principle of the presumption of innocence does not last from the three further awareness of the principle of the presumption of innocence, the structure of the criminal proceedings, judicial applicable discussed the status of the presumption of innocence principle applies. The third part of the gap between the related provisions of the foregoing of the Criminal Procedure Law and the principle of the presumption of innocence and its lack of existence in practice start, to establish a reasonable idea of ??how to determine and improve the principle of the presumption of innocence: First no The crime of constructive principles of constitutional status, followed by clear legislation to provide a legal guarantee for the implementation of the principle of the presumption of innocence, and concludes with the establishment and improvement of the principle of the presumption of innocence specific systems.

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