The Principle Of Presumption Of Innocence In China

The principle of presumption of innocent was produced in the period of bourgeois revolution,Since then it played a very significant role for many country's human rights protection and law construction, and it has been accepted by more and more legal countries in the worldwide. The principle of presumption of innocent 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 the crime. The principle is a symbol of respect for human rights and reflects social justice. In the criminal procedure, the litigation status, the legitimate rights of criminal suspects and the accused all be decided by it. It is a basic principle of modern rule of law, meanwhile it's a basic human right in the international community. The more it became a symbol to measure the civilization degree of democracy and the rule of law and the protection of human rights for a country.The principle of presumption of innocent takes a determination and the safeguard is investigated the object lawsuit status the basic principle which recognizes. It has represented the modern country under the rule of law value pursue, regarding realizes the modern country under the rule of law common law value pursue, regarding realizes the criminal prosecution entity to be fair and the procedure justic,the safeguard by the prosecutor human rights, are realized the lawsuit democracy to have the very vital role. Criminal law of our country introduced the basic content and spirit about presumption of innocent principle in the revision of the process in 1996.It ended the presumption of guilt which lasted a long time in our country's criminal procedure. Compared with the West Countries presumption of innocent principle was unclear in the laws of our country, the institutional arrangements wasn't strong enough. Torture and pretrial extended custody still exist in judicial practice. It still has a long distance to establish and implement presumption of innocent principle. This paper points five parts. In addition to preface and epilogue, there are still three parts in the main content. The first part overviews the principle of presumption of innocent. First it introduce the origin and development of the principle of presumption of innocent, it is a political and legal concept which produced in the western, it has been referenced to the law and constitution by many country with development and transmission. Then it introduces the connotation and value of the principle of presumption of innocence. The last it compare the principle of presumption of innocence in the countries of two important legal systems. The second part introduces the existing status of the principle of presumption of innocent in our country firstly. It include the legislation,judicial practice existing status and so on. Then it targets to point out the existing problems about the principle of presumption of innocence. The third part reference the existing problem which was pointed in the second part. Then it suggests accordingly to perfect the principle of presumption of innocent of our country. Firstly it put forward some suggestions to perfect it, it include to put the principle of presumption of innocent into the constitution and the criminal procedure law. Meanwhile it needs to establish and perfect the principle of presumption of innocence related institutional. Then it put in some other related perfecting suggested to perfect the principle of presumption of innocence. For example the principle of presumption of innocence should be established in the judicial personnel idea.