Presumption Of Innocence In Our Country's Destiny

The principle of the presumption of innocence has undergone a long and tortuous process in China, from the introduction of western legal systems in late Qing dynasty and early Republic of China, to the destroy of national government's law system, from the beginning of the new legal system of People's Republic of China, to the disaster of legal system in Cultural Revolution, from recovery of legal system after the beginning of the Reform and Opening-up, then to the construction of "rule by law" nowadays, the principle of the presumption of innocence has undergone a series of hardships. Even today, China's Criminal Procedure Law has not clearly established the principle of the presumption of innocence, it just absorbs some aspects of the principle of presumption of innocence, and there is still a gap compared to other countries' provisions. Divided into ancient China, modern China, contemporary China in three stages, this article will show the fate of the principle of the presumption of innocence in an objective and informative description. Meanwhile this article will analyze the absorptions and losses of the principle of the presumption of innocence in current Criminal Procedure Law. On the basis of reflection of history and current law, this article analyzes the barriers of the principle of the presumption of innocence in four aspects such as traditional culture, concept, ideology, judicial practice. Then this article analyzes the growth impetus of the principle as the modernization of the legal system, the weakening of ideology, and the awakening of the awareness of human rights. In the light of historical experience, we should strengthen the understanding of the principle of the presumption of innocence, improve reforms of relevant system, and insist on the implementation in practice, to fulfill the function and value of the principle.