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Presumption Of Innocence And Revolution

Posted on:2009-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiFull Text:PDF
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The principle of presumption of innocence means the prosecution has the burden of proving facts sufficient to satisfy each element of the charged crime.If the prosecution fails to meet the burden with respect to any one of element ,a defendant should be found not guilty of that crime .The principle is a symbol that leads absolute monarchy to democracy fair,the ignorance and backwardness to scitific progress,respecting for fundamental human rights and social justice.It is an international principle for criminal suit and has been taken into the constitution or law in most countries ,including china . But, in certain special times or in some special stage, the government by law idea can not but yield to the revolution. It being at the socialism initial stage, our country although initially has established this principle, but still had the retention in the legislation. In the practice it has not been able the very good implementation. This article begins from the innocent estimation idea foundation, to attempt to the French Revolution, from Soviet Union to Russian law vicissitude, the contemporary England,America law innocent estimation principle change, as well as the near,contemporary China innocent estimation thought vicissitude analysis exploring the reason of the innocent estimation which departs from in the theory and the practice.This article Is divided into five chapters: the first chapter on the concept of the presumption of innocence principle of the spirit ; Chapter II of the French Revolution in the presumption of innocence reasons for the change of thinking; Chapter III analysis from the Soviet Union to the Russian law on the presumption of innocence and the reasons for the changes. Chapter IV discussed the deep-rooted ideological presumption of innocence in Britain and America, the innocence and the reasons for the changes. The fifth chapter through the research of innocent estimation thought in our country from the seed to the preliminary establishment, has discussed between revolutionary and the innocent estimation contradiction. Therefore, in theory, the further research on the promotion of China's Criminal Procedure Law of fairness and rationality,has great theoretical and practical significance.
Keywords/Search Tags:presumption of innocence, human rights, revolution
PDF Full Text Request
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