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Criminal Presumption

Posted on:2012-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:X J HanFull Text:PDF
GTID:2216330344950207Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal presumption is an important issue between the substantive law and the procedural law.And it is becoming increasingly an important area of legal practice by the concerns of workers and scholars.This article from the theoretical debate about criminal presumption of criminal presumption of the concept and connotation of the definition, to the presumption of the criminal procedure and the applicable scope of analysis,then analyzed the premise, applicable criminal presumption based and security program. In criminal justice such as "dancing in the cliff edge " of the facts of the case finds that the application method, in a few cases simple to parse.Highlighted the need to apply the presumption in the criminal organization and duties of the Crime of the facts. Subjective performance of acts of crime the fact that people's subjective state of mind and spiritual areas of industry, and its abstract, volatile and intangible characteristics that make the proof of their criminal finds difficult to grasp, presumption of crime can be said to prove the fact that the only means of subjective, This article hopes to introduce in front of the presumption of judicial practice on the identification of crime to make a little subjective effort.
Keywords/Search Tags:criminal presumption, the burden of proof, the standards of proof, specific knowledge, the purpose of illegal possession
PDF Full Text Request
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