Thoery Of The Penal Criminal Presumption

criminal presumption is that draw a conclusion of an unknown fact by reasoning from one known fact, penal criminal presumption means in the criminal procedure, judge under the premises without disproof can deduce a law fact that difficult to testify its existence or inexistence or correlative state from one known law fact based on normal relation among facts. In our country only in civil law and commercial law have the rules of criminal presumption, whereas in criminal law the word of "presumption" doesn't clearly appear ,but in theory domain always have approbatory attitude to penal criminal presumption .This dissertation try to summarize and analyze the theory about penal criminal presumption in Anglo-American law system and civil law system ,and expatiate general principle (such asconception , characteristic , category , gist etc) about criminal presumption and penal criminal presumption, this dissertation according to the angle of penal criminal presumption, following penal integrative thinking to discuss general theory, material embodiment and principle of criminal presumption in our criminal law from criminal legislation and criminal judicature ,I hope this dissertation can offer some useful references for the foundation and perfection of penal criminal presumption system. This dissertation is consist of four parts except foreword and ending.The first part is general principle of criminal presumption and penal criminal presumption. The first part deduce general principle and realistic significance of penal criminal presumption from meanings of presumption and criminal presumption and combine category, basis, gist of criminal presumption . In general principle of penal criminal presumption, author define the meanings of penal criminal presumption, summarize and analyze its characteristics, and gave narrow classification of penal criminal presumption on legislation and judicature; emphasize its realistic significance through expatiating its general principle; penal criminal presumption can shorten the space between criminal entity law and criminal procedure law, Achieve law's justness and social utility, embody unification between social protection and human rights protection the two value of criminal law ,This dissertation from the three parts to argue the indispensability of penal criminal presumption.The second part is criminal presumption on penal legislation .In this part author...