Function And Structure Of The Rule Of Presumption Of Criminal

The presumption had been applied in ancient Roman times. It was also legislated in Civil Code of France (1804). And it has been widely applied in judicial practice in nowadays. But there are many disputes on many basic issues such as the definition, classification, efficacy of presumption, and the relation between presumption and burden of proof, the relation between presumption and standard of proof, etc. Chinese researchers began their introductive research on presumption in the late 80s of last century. In recent years, research on presumption has been heated up. Comparing to civil presumption, the legal regulations of criminal presumption are scarce and criminal presumption has not been paid enough attention to. Domestic researches on criminal presumption are from many perspectives such as logic, linguistic, substantive, procedural, etc. Recently, research from the perspective of evidence law has played an important proportion including the relation between presumption and burden of proof and that between presumption and standard of proof, etc.Presumption is a very important and complex question in evidence law. Although there are still disputes about the classification, efficacy of presumption, researchers have a common sense on the construction of criminal presumption that presumption is a kind of process and method that the basic facts are made to achieve to the presumptive facts through rational relation. On the basis of the common sense, the paper tries to research the efficacy of constructing the presumption rules. The perspective from which the research on criminal presumption has not be used by other researchers. The paper analyzes the function, construction and layers of criminal presumption rules. Meanwhile it offers the designing plan of our criminal presumption rules. The analyses on basic facts, presumptive facts, rational relation and rebuttal show very unique research perspective and some new viewpoints.As a very important legal equipment, the criminal presumption needs to be regulated by a set of rules. The criminal presumption rules should be a set of legal rules of varied gradations which is to regulate criminal presumption and is decided by the construction of criminal presumption and be complied with basic principles of authentication. Independent criminal presumption rules should be legislated in our country and be supplemented by relative systems.The paper is composed of four chapters. Chapter One introduces the definition and construction of presumption, the difference between presumption and inference, fiction, judicial cognition, prima facie evidence. On the basis of the former analyze, the paper defines the criminal presumption rules and moreover analyzes the classification and layers of criminal presumption rules. At last the paper makes a conclusion:The criminal presumption includes presumptive facts rule, basic facts rule, rational relation rule and rebuttal rule.Chapter Two analyzes the function of criminal presumption. The paper firstly analyzes the general functions of criminal and civil presumption which are to realize the efficiency of litigation, to overall mitigate burden of proof, to regulate the process of presumption and to guide and constrain the judge's discretional evaluation of evidence. Then the paper analyzes the special functions of criminal presumption which are to protect human rights, to control crime and to constrain power.Chapter Three researches the construction of criminal presumption rules. The criminal presumption rules are composed of basic rules and supplementary rules. The basic rules are decided by the construction of criminal presumption which include: presumptive facts rule, basic facts rule, rational relation rule and rebuttal rule. The supplementary rules are decided by the science of criminal litigation which include: identification rule of criminal presumption, no second presumption rule, the rule that the judge declares the application of presumption, etc.Chapter Four focuses on the design of our criminal presumption rules. On the basis of pointing out current legislation of criminal presumption, the paper offers the plan of criminal presumption rules. The criminal presumption rules may be composed of principle regulations and detailed clauses. The principle regulations may include: the standard of criminal presumption identification, no second presumption rule, the special consideration of penalty when applying presumption. The principle regulations aim to be used as a basis when applying presumption. The paper then offers several detailed clauses including presumption about consciousness and behavior.