Research On Criminal Presumption

Presumption is one of the indispensable parts of Evidence Act and the important means to find the fact as reasoning, certificating. However, in criminal lawsuit area, Presumption can not be brought into play because it is limited by the probability of conclusion and the principle of Presumption of Innocence. Actually, Presumption not only results from the experience and logical rule, but also is restricted by the elements of value. So, it agrees with the real law standards of proof. It also has close relationship with free evaluation of evidence through inner conviction, the standards of proof and the responsibility of proof. Therefore, it has an actual meaning for using presumption in criminal lawsuit practice to identify presumption from the theory. In this paper the presumption is emphatically classified and compared, and the path of criminal presumption as well as the value trend is analysed. Meanwhile, combined with the elements of crime constitution and specific examples of case, presumption is analysed and used from subjective and objective points. The attempt to induce the rules of presumption is made so as to perfect our Evidence Act.