Font Size: a A A

Logical Analysis Form Of Presumption Of Innocence

Posted on:2009-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The presumption of innocence takes the feudal society guilty estimation and the extortion of confession by torture opposition product, is the bourgeois revolution victory later in the denial middle ages will investigate and inquire into a principle of legality which in the type lawsuit system's foundation will form and develops. The innocent estimation principle's establishment, symbolizes that the modern country under the rule of law criminal justice democratization, the scientific value orientation, it is not only safeguards the citizen basic right a foundational principle, is showing a national democracy, the government by law, the civilized degree. But our country academic circle also has many differences theoretically to the presumption of innocence, the partial scholars thought that it violates the realistic principle, but also has a part of scholar to think that the innocent estimation is one kind by ignorantly basis according to the logical error. Therefore carried on the analysis from the logic field of vision to the presumption of innocence still to have the practical significance.This article divides into three parts:The first part elaborated the presumption of innocence elementary theory, the presumption of innocence principle origin, the logical essence and the basic implication. As one political law thought that the presumption of innocence is most early Asia proposes by Beica. In Beica Asia is discusses take the social contract as the foundation, proposes the presumption of innocence thought under the opposition extortion of confession by torture's environment, its primary intention lies in whips the inquisition by torture to take legitimate atrocity's inhuman and the non-rationality. This principle can establish and the thorough development in two big legal systems, and after the World War II the international human rights movement surges upward develops the human rights safeguard principle which into the international society recognizes. The presumption of innocence only then exists in the court, outside the court does not have the innocent estimation. presumption of innocence basic connotation including four aspects: Undertakes to the complaint onus probandi by the complaint side; Must achieve certain proof standard to the presumption of innocence; Processing should be advantageous to the disputed case in is accused the human; All public authorities have the duty not to prejudge the trial result.Second part of main analysis presumption of innocence logical organization. First introduced the innocent estimation form characteristic. Refutes the presumption of innocence resorts to the ignorant viewpoint. Has proven the presumption of innocence is not the error, the presumption of innocence is not resorts to ignorantly, but resorts to the conscience, the presumption of innocence is the criminal law correct principle. Then has proven three estimation types which the presumption of innocence contains, separately from the court authority, carries on the narration from the suspect accused person's human rights and the lawsuit status and the certificate responsibility three angles. Finally spoke the presumption of innocence and the realistic relations.The third part elaborated the presumption of innocence logical value rationality and the social value significance from the different angles, the explanation legal system from the guilty estimation to the presumption of innocence transition is the human logic rational promotion. And proposed own some views and the suggestion to the presumption of innocence in our country's development condition.
Keywords/Search Tags:Presumption of innocence, logical analysis, Value rational
PDF Full Text Request
Related items