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Presumption Of Criminal Justice Research

Posted on:2005-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:L M ZhengFull Text:PDF
GTID:2206360125461638Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Presumption, a way of certification, is of great importance in the judicature. It is stipulated in the law of Roman but we have studied it in the civil judicature. In fact, presumption is important in the criminal judicature as well as in the civil judicature. The criminal trial depends on proofs that give us the probability to use the presumption.Presumption is based on the facts and some one is based on the policy and the benefits of the society. It can be divided into different kinds in according to the different criterion. There are some conditions for the presumption and it have theoretical base. We use the presumption to solve the problem that there exists difficulty in the certification and it also help to enhance the judicial efficiency. Besides, there is feasibility to use presumption in the criminal judicature because the mode of certification, the presumption being according with the cautious idea and the fasting law career. In addition, there is large scope for the presumption both in the criminal law and in the criminal procedure law. Presumption does not affect on the burden of proof usually except the innocent presumption. It affects the criterion of proof that challenges the sole criterion in the criminal judicature. In order to ensure the presumption to be used corrected, we propose some measures that are limiting the scope of applying, enhancing the capability of the judges, ensuring the right of argument and the principles of presumption.
Keywords/Search Tags:presumption in the criminal judicature, burden of proof, criterion of proof
PDF Full Text Request
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