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On The Doctrine Of The Presumption Of Innocence

Posted on:2008-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2166360242473479Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As a universally recognized standard in international criminal justice, the presumption of innocence has gradually become highly valued and widely used. It was first established in China's Law of Criminal Procedure in 1996. However, compared with the situation abroad, it allows for some flexibility on the legislation, and is not completely implemented in judicial practice. This will definitely affect the impartiality and rationality in China's criminal justice procedures. Therefore, the presumption of innocence should be studied theoretically, hoping that this will help to improve its embodiment and implement in China's Criminal Procedure Law and criminal justice. In this way, it will further improve the building of China's democracy and the legal system, and the overall progress of Chinese society.This article attempts to start with the historical evolution, the basic meaning and the litigation value of the presumption of innocence and tries to combine the comparison of its legislations under different law systems, so as to analyze the necessity of establishing it in criminal proceedings and the present situation and legislative defects of practicing it, and to elaborate how to establish and improve it in China.
Keywords/Search Tags:presumption of innocence, the Right of Silence, Suspect-Crime-Means-None, Criminal Trial
PDF Full Text Request
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