To Improve The Presumption Of Innocence In The Criminal Proceedings

The principle of the presumption of innocence is the current internationally important principle in criminal procedure,criminal litigation system has unshakable legal status. The presumption of innocence,means any person who on unproven and convicted before, should be regarded as innocence. Therefore, the presumption of innocence is highlighted by the defer(?)dant is accused of the crime, must have sufficient, solid, effective evidence, if the trial cannot be proven guilty, it should be presumed innocent, so the presumption of innocence is a guarantee of criminal suspects, defendants status, litigation right important principles of justice. The principle of the presumption of innocence as a modern rule by law basic principle, is also recognized by the international community as one of basic human rights. International Convention for the protection of basic human rights to confirm a criminal judicial criterion is towards the rule of law, democracy, science and an important symbol of the. Although in our country after the amendment of the criminal procedure law has stipulated the presumption of innocence, but in Criminal Procedure Law in our country on this principle provides a relatively one-sided, leading to this important judicial principles in practice many problems, not the true meaning of Shangdi implementation. This paper mainly through the analysis of the principle of presumption of innocence connotation and in the course of development of all countries as well as in our implementation status, revealing of innocence presumption in criminal procedure in the positive sense, for our innocence presumption in criminal procedure legislation perfect suggestion.This paper is mainly divided into four partsThe first part:The principle of the presumption of innocence overview. Through the analysis of different countries of the world on the principle of presumption of innocence connotation elaborate, get the principle of presumption of innocence in anyone without the judicial procedures of convicted before, must be regarded as the innocent; followed by the analysis of the principle of presumption of innocence in history, and introduces the principle of the presumption of innocence should contain the burden of proof liability rules, rules of right of silence and the non-existence of doubted guilt rules three aspects; finally introduced the presumption of innocence in the protection of human rights, is conducive to social harmony and so on all value.The second part:The presumption of innocence in the criminal proceedings in China reflect and defects. Through the description of the present stage of our country criminal proceedings against the principle of presumption of innocence in the spiritual principle of absorption in China, analysis of right to silence in the criminal proceedings system existence flaw, pretrial detention exist many problems as well as in the illegal evidence in our country have not ruled out the application.The third part:In the criminal procedural law of our country to improve the idea of the principle of presumption of innocence. According to China’s current ideological conditions, political conditions, economic conditions and from the criminal law of development, the establishment of presumption of innocence is feasible, but also necessary. Through the establishment of training people of the presumption of innocence presumption of innocence of idea idea, establish the constitution status, to make the principle of presumption of innocence in my country better implement, finally unifies our country’s actual situation in our country are put forward to perfect the conception of the principle of presumption of innocence.The fourth part:conclusion...