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Comment On Our Country Principle Of Presumption Of Innocence

Posted on:2010-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhaoFull Text:PDF
GTID:2166360275989179Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The innocent estimation principle produced in the 18th century bourgeois revolution time, refers to anybody before has not passed through the legal judicial process thought firmly finally is guilty, in the law must him regard as is the innocent person. In the modern society, estimated innocently the principle takes one item to have the universal significance Law of Criminal Procedure basic principle in the international convention, already by the quite many national establishments was a constitution principle, and evolved into the modern democratic government by law society gradually the theory cornerstone. The innocent estimation takes a determination and the safeguard is investigated the object lawsuit status the basic principle of legality, is in the penal procedure the most cardinal principle which recognizes. It has represented the modern country under the rule of law common law value pursue, regarding realizes the criminal prosecution entity to be fair and the procedure justice, the safeguard by the prosecutor human rights, are realized the lawsuit democracy to have the very vital role. Although our country Law of Criminal Procedure has absorbed the innocent estimation principle basic spirit, but was legislating and the judicial practice medium-range innocent estimation realizes Shang You not the small disparity, still had necessity of the consummation. The present paper divides into three parts:The first part in carries on the inspection to the innocent estimation principle's historical development process in the foundation, take its basic implication as the breakthrough point, to the prosecution which expands presents evidence, the silence power, to doubt the crime from the non-rule content to make the elaboration, and from the fair value, the human rights value and the democratic value three aspects has carried on the discussion to the innocent estimation principle's intrinsic value, demonstrates its important theory value and the practice significance.The second part from the revelation present situation, the search disparity, the analysis reason three aspects has carried on the proof suitably to the innocent estimation principle in our country criminal prosecution. First bases in our country is related legislative stipulation elaboration present Law of Criminal Procedure to the innocent estimation principle implementation, next legislates and from our country aspect and so on practice defective obtaining, elaborated our country present Law of Criminal Procedure not to be clear about the establishment innocent estimation principle, finally high innocent estimation principle's idea consciousness, the legislative idea, the criminal prosecution structure, the judicature practiced four aspects to further discuss our country innocent estimation principle suitable present situation reason. The third part in view of the fore-mentioned our country Law of Criminal Procedure's in related stipulation and the innocent estimation principle's disparity and defective obtaining which exists in the practice aspect, how to determine and the consummation innocent estimation principle on our country proposed the reasonable conception: Must first establish the innocent estimation principle the constitution status, next is clear about the related legislation, provides the legal safeguard for the innocent estimation principle's implementation, finally proposed the safeguard innocent estimation principle implementation concrete countermeasure.
Keywords/Search Tags:Innocent estimation principle, Criminal prosecution, System
PDF Full Text Request
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