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On The Presumption Of Innocence, A Statutory Body

Posted on:2010-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:K ZhaoFull Text:PDF
GTID:2206360278469283Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The principle of presumption of innocence is one of the most important principles in western criminal procedure system. It is the product of evolution in the history of western criminal law development. Currently, the principle is regarded as one of the important part of criminal procedure system by the criminal procedure law of numerous nations, as well as international treaties involving criminal law. It has become an important caliper to measure the level of justice and democracy in the criminal law of a nation. The existence and development of the principle reflects the advancement of democracy in the criminal law. Therefore, it is famously referred to as the "golden thread" in the criminal law by the British judge Lord Sankey LC. To an extent, China's Criminal Procedure Law reflects the principle of presumption of innocence. However, there are still some instances that contradict the principle when the law is set and practiced. As a result, while China's Criminal Procedure Law is modified, it is of great necessity to contemplate the principle in the criminal law from the historical perspective.
Keywords/Search Tags:the re-modification of China's Criminal Procedure Law, the protection of human rights, presumption of innocence, legalization statutorily
PDF Full Text Request
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