Comparative Study Of Legislation On Presumption Of Innocent Principle

According to International Covenant on Civil and Political Rights, the concept of Presumption of Innocent Principle is that everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. This principle is put forward by Cesare Beccaria. After more than 200 years'development, it has become a modern universal standard of the rule of law and has been accepted by most of the countries in the world. However, China's attitude towards Presumption of Innocent Principle is not very clear. The authority had never admitted the principle for a quite long time. Instead, they only stick to the principle of down-to-earth. The theoretical world had been trying to criticize Presumption of Innocent Principle, but they failed to find any proper reason. Nowadays, human right problems have been emphasized by leaps and bounds, the acceptance of Presumption of Innocent Principle is just a time problem after Presumption of Innocent Principle being proposed by the plan of the second five-year plan of people court in 2005. This thesis tries to unveil the essence of Presumption of Innocent Principle and put forward suggestion about how to establish Presumption of Innocent Principle in China by analyzing the situation of the principle in different countries and its developing course in China. This thesis consists of three chapters: the first chapter introduces the different developing modes between continental law system and common law system. The development of Presumption of Innocent Principle in Continental law system countries is a kind of paradox development, while common law system countries prefer to explain it from the perspective of Due Process of Law. The second chapter is about the discussion on Presumption of Innocent Principle in China after 1949; the third chapter introduces the logic reasoning course and the present situation of Innocent Estimation Principle. Finally, it proposed the establishing of Presumption of Innocent Principle in China.