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On The Presumption Of Innocence Right

Posted on:2009-02-09Degree:DoctorType:Dissertation
Country:ChinaCandidate:X H ZhangFull Text:PDF
GTID:1116360272483874Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The essence of the presumption of innocence right is of everyone to enjoy one of the basic human rights,is also recognized by the international community of a constitutional fundamental human rights.In criminal procedure activities,the presumption of innocence right is being prosecuted owned by one of the core right of action,it shows that the prosecution was liberty,and property safety and dignity,and other interests is an objective reality and should be respected.Legal provisions on the rights of the presumption of innocence in criminal activities was the main prosecution of the legal status of normative declaration is to be prosecuted based on the people,to confront the government of political autocracy and the abuse of public power to prevent their own The right of action against illegal and threats.The right to the subjects,often means that the interests,freedom, possibility,qualifications,advocates and so on,and often with the power to dominate,domination,power,control synonymous."right" and "power", the structure is connected with each other and overlap in the functions of the co-transformation,in the value of interaction effects.The procedural human rights is the direct protection of human rights in criminal procedure, rather than substantive human rights,nor is the ultimate meaning of human rights.The core of criminal procedure protection of human rights is the prosecution's basic human right,The essence of basic human rights of prosecuted people in criminal proceedings is as citizens of basic human rights.The presumption of innocence either from the theoretical research or the development of the rule of law in two areas,there exists a certain necessity and reality.In criminal procedure,the essence of the presumption of innocence right is one of the fundamental human rights of being prosecuted person, but also of a constitutional nature of the internationally recognized basic human rights.Based on the presumption of innocence itself,as well as the characteristics of their own criminal proceedings,the presumption of innocence inevitable demonstrate its subjectivity,temporary,short-term and procedural.Because of the order,freedom,justice and the protection of human rights,as a kind of value pursuit,the presumption of innocence right plays a huge role in criminal proceedings against the state and public power abuse,protect their procedure rights to safeguard its subject legal status.In a narrow sense in terms of the right of presumption of innocence, the subject is only can be a prosecuted person,that is,criminal suspects and the accused.The obligation subjects is the organs that exercise the functions of prosecution such as investigative organs,procuratorial organs, as well as the court that exercise of the functions of judicial trial.On the content of specific rights,the presumption of innocence right includs not to be compelled self-incrimination,the right to silence limited,rights of the defence,the right requests the prosecution authorities bear the burden of proof,not arbitrary detention and illegal detention,the right to bail rights, the right requests exclusion of illegal evidence,the right to an open,fair, impartial trial rights,the right to appeal and the right to receive state compensation.These rights are being prosecuted at the liberty and security of person,point of their human dignity,and property safety.Firstly,the presumption of innocence right is the right that should have the right and, secondly,it is necessary to code even on the constitution to declare a statutory right,so that one may become effective recourse people have the right to enjoy it.Structurally speaking,the right of the presumption of innocence is essentially a right to freedom,but this freedom needs a series of requests to ensure the achievement of the right,and,when such rights have been infringed,it must have the right of appeal to a certain relief, otherwise,this right would not be complete.There is a close relationship between the presumption of innocence right and due process of law.Derived from the rule of evidence,as to the burden of proof and the standard level of proof,the fight to the presumption of innocence also appears to be its own characteristics.In this paper,the common law and civil law countries the main representative of the reality of the presumption of innocence operating conditions for observation of the rights of the presumption of innocence in the operation of China conducted a retrospective review,and from the national perspective of the culture of the innocence My right to the presumption has been difficult to establish the reasons for the implementation of in-depth analysis.This article holds that awareness training of the right to the presumption of innocence,the formation of customary rights of the presumption of innocence,especially the legal protection system perfect of the presumption of innocence right is prerequisite and effective guarantees that the rights are ultimate established and enjoyed by every accused in our country.
Keywords/Search Tags:the presumption of innocence right, basic human rights, the subjective legal status
PDF Full Text Request
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