Research On The Rules Of Criminal Presumption

As a subject joins up substantive law and adjective law, criminal presumption is arising greater interest in academic circle and justice department. However, the debating on concept, classification, value, character, element and its role in criminal procedure of the criminal presumption in academic circle and justice department never stopped. Considering the defects in the criminal law about the presumption, the use of criminal presumption in the justice department is limited. Because of these, this lecture attempts to conduct a comprehensive research on presumption from multiple view, such as substantive law and adjective law, legislation and judicature for a more complete, scientific, mature criminal presumption rule system.The lecture is divided into four parts. The first part will introduce the conception, classification and discrimination with similar concepts according to Chinese and foreign scholars on understanding of presumption, in order to have a detailed understanding of the concept. The second part focuses on the theory of criminal presumption, including the base of criminal presumption during the criminal procedure, the element, character and function of criminal presumption. The third part analysis the weak points in legislation by studying the current situation of criminal presumption. The forth part is the key part of this lecture, this part gives suggestions on the standardization and perfection of the criminal presumption according the analysis of the third part.