On The Presumption Of Innocence In Criminal Trials In China

As a generally accepted principle of international criminal justice, the doctrine of presumption of innocence underlying criminal procedural law is widely affirmed and established in most countries. In judicial practice, the interpretation and application of this doctrine differs in concrete social environment of criminal justice. China has established this principle since the criminal procedural law was revised in 1996, overruling definitely the long-existing doctrine of presumption of guilt. Since some defects exist in the related prescriptions, the application of this principle in criminal judicial practice will be inevitably in line with Chinese circumstances. In this essay the author discusses and expounds the role of this doctrine in protection of human rights and punishment of crimes, and probes into some problems and causes in the application of this doctrine in our criminal judgment. There are some 31 000 characters in this essay.