Criminal Presumption Rules

As an important rule of evidence, the civil presumption is widely used in national legislation and practice. However, because the criminal law related to so magnitude interests that China scholars stayed away from the criminal presumption, which lead to a debating on criminal concept, classification, value and application among academic and judicial for a long time. With the development of theory and practice of criminal justice, the special value of criminal presumption in protection of human rights, restriction on state power and fighting against serious crime increasingly obvious. Therefore, it is necessary to develop a complete system of rules of criminal presumption to give full play to the positive value and eliminate the negative value of the criminal presumption.The first chapter discussed the concept and classification of the presumption in different views and theories among scholars at home and abroad, and put forward some ideas on the classification of criminal presumption. The second chapter explored some of basic theoretical issues of criminal presumption, and proposed that the criminal presumption possess not only the general value, but also the special value. The chapter three analyzed the structure of the criminal presumption and the conditions by which the criminal presumption can be established. The forth chapter analyzed the status and defects of criminal presumption in legislation and judicial in our countryBy analyzing a series of questions about criminal presumption such classification, concept, value of the criminal presumption and the applicable conditions as well in this paper, I hope I can make some valuable suggestion on developing the rules of criminal presumption.