On The Application Of The Presumption Of Innocence In Our Criminal Procedure

Presumption of innocence is a fundamental principle of the criminal proceedings which is accepted and established in modem nomocracy nations, also it is basic human rights which is admitted and protected in the world. Presumption of innocence means that anyone is innocent from the law perspective before he is validated criminality through legal procedures. With capitalism developed, international society emphasize on protecting human rights and juridical equity increasingly, more and more countries accept presumption of innocence as the essence of criminal procedure law, even prescribed and proclaimed in writing in the Constitutional Law. As the major instrument that many countries deal with juridical organs protecting individual rights and legal principles, Presumption of innocence has very important social and legal value in advancing litigation democracy, pledging procedure equity and the defendant's rights. Therefore, based on the scientific developing strategy of applying law in governing nation and constructing harmonies society, it is profound significance that we study the presumption of innocence applicability in criminal procedure law.The thesis analyzes the presumption of innocence applicability in criminal procedure law through induction, compared and demonstration cases. It divided into four chapters;the first chapter discusses the history development of presumption of innocence from the western and China perspective respectively and definitudes presumption of innocence's status and tendency in various countries' legal construction. The second chapter describes presumption of innocence's contents and values from the three perspectives: procedure, subjective and society. It shows the theory and practice value on the essence. The third chapter demonstrates the presumption of innocence applying in criminal procedure law from analyzing status, opening backwards and finding reasons perspectives, and combines the gap between effective legislation and judicial practice to think deeply on the converse in order to excavate the roots of restricting presumption of innocence applying in criminal proceedings. The fourth chapter proposes a reasonable frame from theory and practice perspectives on how to improve presumption of innocence and gives the relative conclusions as following: changing mind and improve the cognition to radicate presumption of innocence;definitude relative legislation to implement presumption of innocence;and give some solutions and suggestions in order to consummate juridical practice.