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A Study On The Principle Of Presumption Of Innocence

Posted on:2016-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:L LuFull Text:PDF
GTID:2206330482976161Subject:Law
Abstract/Summary:PDF Full Text Request
The principle of presumption of innocence is a originated in Roman law, established in modern times, has more than two hundred years of development history of criminal litigation principles,from the principle of presumption of innocence are able to produce evolution up to now, because of its rich connotation and multiple value, the spread of the universality and influence the profound sex from a domestic law principle of criminal increased to an international criminal procedure code,here are a lot of benefits for future generations.Spread and apply the concept of the principle of presumption of innocence and although there will be different in the process of interpretation, but the most basic core expression is consistent, namely the criminal suspect or defendant before without court convicted, should be considered to be innocent. Field of criminal procedure in China on the principle of presumption of innocence introduced later, although the criminal procedure law after the modification was carried out on certain aspects of the principle of presumption of innocence is clear, but the strict sense, has not yet truly established the principle of presumption of innocence in our country at present.Remove the introduction, this paper will be divided into three parts.The first part of the paper is an overview of the principle of presumption of innocence, this part mainly discusses the concept of the principle of presumption of innocence, the origin, connotation and value, and it is concluded that the principle of presumption of innocence goes back to ancient times, the cause of the enduring.The second part of the paper introduces the principle of presumption of innocence in the judicial practice in our country the status quo, including the principle of presumption of innocence in our country, the status of the different stages, the modified principle of presumption of innocence in the criminal procedure law improvement and progress, as well as the principle of presumption of innocence is still defects and deficiencies.The third part of the paper is mainly discussed from the aspects of legislation and judicial practice level, social support level consummates our country the principle of presumption of innocence, through legislation and system construction, makes the principle of presumption of innocence truly established in our country, in order to promote the rule of law civilization in our country, to protect the interests of the criminal suspect or defendant.
Keywords/Search Tags:The presumption of innocence, Protection of human rights, Proper procedures, The benefit of the doubt
PDF Full Text Request
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