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Research On The Basic Theory Of Criminal Presumption

Posted on:2010-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:F Z ZhaoFull Text:PDF
GTID:2166360275489761Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As a rule of finding fact,presumption is of great significance in judicial practice.However,for a long time,due to our pursuit of objective reality standard in the finding of fact in criminal litigation,presumption in the role of fact-finding has not gain enough attention,studies of presumption in criminal litigation field are poor and chaotic too.In view of this,for practice needs,this paper pays an emphasis on the following three themes:"what is presumption the effect of presumption" and "the regulation of resumption",striving for the standardization of presumption in practice.The article is divided into four chapters.Chapter one mainly states the connotation and classification of presumption,including the opinions in common Law, Civil Law and the author's opinion.At end,there will be discriminations between presumption and the near concepts in criminal litigation,so that we could get a better understanding of presumption.Chapter two explores presumption further-mainly analyzes the structure of presumption on the basis of chapter one which has defined the connotation of presumption,that is the basic fact,empirical rule and constructive conclusions,in order to deepen understanding of presumption.Chapter three elaborates the effects of presumption,including the impact on the distribution of burden of proof presumption triggered and the effect of relative's retort presumption triggered.By combing the opinions of presumption in today's theories,this chapter analyzes the effects in different presumptions,especially their substantial effects. Chapter four,on the basis of considering those factors previous three chapters mentioned that may affect the application of presumption,regulates the application of presumption,including the principle of presumption,the construct of presumption in legislation,the application of presumption and the maturity of related systems, striving for the standardization of presumption's application.The studies of this paper show that we should not only have an affirmative attitude about the value of presumption,but also be aware of its potential risks.Only having mature theoretical knowledge about the structure and effectiveness of presumption and establishing scientific system of rules,can we avoid those potential risks and ensure the presumption rule in its good run.
Keywords/Search Tags:Presumption, Discretion, Burden of proof
PDF Full Text Request
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