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On The Principle Of The Presumption Of Innocence In Criminal Investigation Procedures To Implement

Posted on:2008-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:H T SiFull Text:PDF
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The rule of presumption of innocence is an important international judicial principle which is popular in criminal procedure.It means the criminal suspects and the accused should be assumed not guilty before a court makes a verdict by law.The litigation position and litigation rights of the criminal suspects and the accused are decided by it.The rule symbolizes that autocracy goes to democracy and fairness and ignorance goes to science and progress.Although the rule is somehow regulated in revised criminal procedure law in China,it is not completely practiced. The rule exists many problems in judicial practice. At present,the principle is concerned and thought highly of only during trial period. Before trial period,its significance and value is ignored relatively.I think we should carry out the principle thoroughly.On one hand,we should control investigating power by a court. On the other hand, we should extend and guarantee criminal suspects' legal rights. In order to guarantee human rights during investigating period in our country,We still should continuously improve quality of the officials of law enforcement, restrict and norm law enforcement and carry into effect of various measures.The essay has four parts.The first part is summary of the rule of presumption of innocence.The second part introduces the expressions of the rule in criminal procedure and its defects during investigating period in China.The third part introduces the application of the rule during foreign investigating period.The fourth part puts forward some suggestions of implementing the rule during crimimal investigating period in our country.
Keywords/Search Tags:The rule of presumption of innocence, Investigating period, Defects, Suggestions
PDF Full Text Request
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