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On The Presumption Of Innocence Principle Of Justice

Posted on:2006-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:N Z CaiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Presumption of innocence means any individual is to be assumed innocent before he/she is verdicted guilty by the court. It is an international principle for criminal suit and has been taken into the constitution or law in most countries, including China. But in China it is not fully availed in legislation and is not well carried out in judicial process. Consequently, the theoretical research or the judicial form of presumption of innocence has great significance in both theory and practice in promoting the justice and rationality of criminal suit in China. This thesis is intended to reveal the spirit, value involved and the scientific feature of verification of presumption of innocence from the generation, development and verifying theory. And the specific approach to the judicial formation of the principle of presumption of innocence will be further studied through the analysis of Chinese society and judicial practice on the level of social opinions, system and judicial practice. This thesis is composed of four parts. Part One focuses on the theory and value of presumption of innocence. Part Two offers analysis of presumption of innocence applied in the course of criminal suit. In Part Three factors that hinders the judicial realization of presumption of innocence are studied. Part Four states the value of the application of presumption of innocence in judicial practice from the specific approach of the principle of presumption of innocence.
Keywords/Search Tags:presumption of innocence, the burden of producing evidence, criteria for proof, human right, the justice of procedures, the judicial formation
PDF Full Text Request
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