Principle Of Presumption Of Innocence In The View Of Evidence Law

Presumption of innocence is a deduction for the prosecuted based on the normal social conditions that he is innocent from the birth and he contains no criminal genes. The presumption clearly embodies the criminal process value of human rights protection and takes universal ethnic value and legal value equality and freedom as its base. Substantively criminal litigation process is a running proving course depending on evidences which are taken as core components. So principle of presumption of innocence plays a great role in evidence law. And certainly it leads out the specific rules: evidence judgment creed, illegal evidence materials exclusion rule, "equable power"proving, the prosecuting shoulders proving liabilities, and dubious crime is innocent. Charter One Analyzation of Principle of Presumption of Innocence. Presumption means the deduction from known basic facts to unknown presumptive facts, based on the experience principle that some facts relate to each other at high possibilities in normal conditions. It is a running process of logic judgment and it concerns two facts: basic facts and presumptive facts. Meanwhile, it is a syllogistic logic structure. Its major premise is the normal relations between basic facts and presumptive ones. But it is not certain and it is may be false. Presumption is ubiquitous and it is more so in criminal procedure. The purpose of criminal procedure is to prove some action is crime done by someone and is not only criminal punishment-pursuing. So we can only make option between presumption of guilty and presumption of innocence to establish principle of presumption. Based on being innocent from the birth and the value and interest tropism of most people, we have no reasons not to choose presumption of innocence. Presumption of innocence may also be false and it can be overthrown. However, only can this be done with powerful evidence materials presented by the prosecuting and reviewed and adopted as conviction evidences by judges of the third party. Criminal process is running logic proving course. Among the process, the prosecuting and the prosecuted are contradiction of antinomy and unification. The strength of the two parties should be balanced and the results must be judged by judges of the third party. Because the prosecuting stands for state and their power is exceptionally strong. But the strength of the prosecuted is weak. So we must adopt principle of presumption of innocence as "balancer". Because presumption of innocence makes the prosecuted become subject from object. And it makes the prosecuted enjoys rights of silence and unnecessary to prove himself to be guilty. And the proving liabilities will be shouldered by the prosecutor. Otherwise, doubtful crime will be taken as being innocent. And the prosecuting can't violate the right legal process. So the legal rights of the specific prosecuted are safeguarded and the human rights of every us are protected in the end. Charter Two Value Base of Principle of Presumption of Innocence. Presumption of innocence protects the human rights of every us by safeguarding the legal rights of the specific prosecuted. It started from the prevalent needs of the human nature. So its value base must be the universal "good"accepted by most of us and it is a kind of ethnic value. To be specific, the legal value of presumption of innocence includes security, equity and freedom at least. No doubt we need security, but it can't be exerted to extremes. Otherwise our creativities would be suffocated. Substantively security is a status of not being forced. So security can be included in freedom. Principle of presumption of innocence sets up barriers for the prosecuting and adds burdens to them. And it strengthens the power to counter the prosecuting and makes the prosecuted tend to be equal with the prosecuting. And it protects the legal rights. So it is certain that equity be taken as the legal value base of principle of presumption of innocence. Freedom is the most centric and basic legal value and it is the end-result of human natural needs. So it is certain that principle of presumption of innocence will take freedom as its legal value base and serves it. When the above said legal value is put into effect in criminal process, and it is integrated into human rights protection. Human rights are the ones that human beings should enjoy out of their nature. Human rights are most easily impinged by the state public power and the degree of being impinged is the highest. So there is no reason not to take human rights protection as criminal process value for principle of presumption of innocence and take it as its mission. Charter Three Embodiment of Principle of Presumption of Innocence in Evidence Law. Presumption of innocence may be false, and itcan be overthrown. However, only can this be done with powerful evidence materials presented by the prosecuting and reviewed and adopted as conviction evidences by judges of the third party. So evidence judgment creed must be adopted. No evidence no judgment. The evidence ability should be reviewed and confirmed by judges of the third parties and the illegality should eliminated by them. The facts to be proved include substantive facts and process facts that concern the conviction of the prosecuted and they are to be proved by strict proving. Only can the spirit of principle of presumption of innocence be embodied by the above said rules. Evidence ability belongs to the legality matters. So it is certain to result in "Illegal Evidence Exclusion Rule". "Illegal Evidence Exclusion Rule"was initially put forward from the relations between value and facts so as to guarantee the reality of evidence. However this article is more inclined to explained it with human rights protection, which just fits principle of presumption of innocence. As for anyone, he is innocent before the conviction made by judges. And he hasn't yet violated the agreement offering protection for him as citizen and the society can't cancel the public protection for him. And the state as public subject can't impinge his legal rights. So the evidence materials collected by the prosecuting with illegal means should be excluded. Criminal facts materials presented by the prosecuting are only evidence materials and they are not the evidences of conviction. And the evidences of conviction must be confirmed by judges. So the traditional "Illegal Evidence Exclusion Rule"should be changed to be called "Illegal Evidence Material Exclusion Rule". The criminal proving under principle of presumption of innocence requires that the strength between the two parties of proving be balanced and the two parties take part in it fully. The proving results should be made by judges of the third party. So the proving of criminal procedure under principle of presumption of innocence should be that one party or two parties between the prosecuting and the prosecuted among criminal procedure make argumentations or persuasions on process requests (disputes) or substantive disputes in front of judges of the third party. To high degrees, the running practice of our country is attached with the brand of "Presumption of Guilty". To overthrow the presumption of innocence to the prosecuted, the prosecuting must present powerful evidence facts. Otherwise, the adversary legal results are to be shouldered by the prosecuting i.e. doubtful crime is innocence. The prosecuted enjoys silence rights and is unnecessary to prove himself guilty. Of course, out of the...