An Analysis Of The Application Of Presumption In Criminal Judicial Practice

The criminal law has the strongest force to ensure implementation in all of legal departments, adjusting the most serious social contradiction in the society, and is the powerful weapon to maintain social stability. But at the same time, it may infringe the rights of citizens. Criminal law has two functions. One is to maintain social order, punish crime. Another is to guarantee human rights. The rights of citizens which include sufferers and the criminal suspect or defendant in the criminal law shall be investigated for the rights in the process of program. Now the rights of the criminal suspect or defendant are more and more attention by people. Under this background, the national criminal law is stated in the rules of presumption of innocence. So far, in our country’s criminal law has introduced the spirit of presumption of innocence, but has not specified the principle of presumption of innocence.According to our country’s fact, applying to the principle of presumption of innocence has the necessity. But it should be noted in different phases of justice applying different principles. This article on the rational analysis and the presumption of innocence presumption of guilt theory, on the basis of the different principles should be applied in the process of criminal procedure is analyzed.This paper consists of introduction, text and epilogue. The text contains three parts, the theoretical analysis for guilt presumption, judicial application of the presumption of innocence and judicial application of the presumption of innocence.The first part introduces the content of judicial presumption, then introduces the judicial presumption of presumption of innocence and the presumption of guilt.The second part mainly introduces the necessity of the applicable of presumption of innocence in our country.The third part mainly introduces the various organs, public security organ and procuratorate, the exceptions of applying presumption of innocence.