The Principle Of Presumption Of Innocence And Several Questions To Think About

Presumption of innocence is a fundamental principle of the criminal proceedings which is accepted and established in modern nomocracy nations. Because of the opposite modernization development path of political background and social context between the modern western countries and China, this principle in foreign criminal justice has been fully implemented and enforced while it is just getting started in China. Many countries accept presumption of innocence as the essence of criminal procedure law, even prescribed and proclaimed in writing in the Constitutional Law. Presumption of innocence has very important social and legal value in advancing litigation democracy, pledging procedure equity and the human rights. Therefore, based on the scientific developing strategy of applying law in governing nation and constructing harmonies society and facing the opportunities of the amendment of criminal procedural law, it is realistic significance that we study the presumption of innocence applicability in criminal proceedings.The thesis analyzes the presumption of innocence applicability in criminal procedure law through induction, comparison, deduction and so on. It divided into three chapters; the first chapter describes the history development of presumption of innocence from the western and China perspective respectively and presumption of innocence’s contents and values, it shows the principle on the whole; the second chapter discusses the backwards of presumption of innocence applicability in criminal proceedings from two perspectives:effective legislation and judicial practice; the third chapter proposes reasonable suggestions on how to improve presumption of innocence from three perspectives:the definition、legal effect and constraint object.