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The Study Of Presumption Of Innocence

Posted on:2014-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:F W LuFull Text:PDF
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The principle of presumption of innocence has a long history, with a rise of bourgeois revolution and increasing national lawmakers attention, in the process of legal system construction in these countries also played a significant role in its should have, at present is recognized legal circles all over the world.The presumption of innocence, the English translation, as the "presumption of innocence" or "presumption of innocence","United Nations" International Convention on Civil and political rights fourteenth paragraph second:"Everyone charged with a criminal offence, before has not proved guilty according to law, shall have the right to be presumed innocent." By its very definition, the presumption of innocence is a suspect, defendant before are not formally a guilty verdict of the court, shall be considered as not guilty. Application of the principle of presumption of innocence, the effective safeguard social equity, and effective protection for the crime suspect, accused person’s human rights. In terms of the judicial process, the principle of presumption of innocence, but also because of its to respect and protect human rights and effective to get recognition from the international community, and gradually evolved into one of the basic principles must follow the rule of law society. In fact, for the protection of human rights of criminal suspects and defendants, is widespread attention by every country’s legal issues, the principle of presumption of innocence is the basic rule to protect human right, is very important for the suspect, the defendant has the significance. The basic meaning of the principle of presumption of innocence of the criminal litigation system is to protect the suspect, the defendant before the judgment of legal status, clear complaint onus probandi party, support help criminal suspects, defendants practice case processing. The presumption of innocence mind from birth until now, all the countries in the world are as the foundation of justice, must be followed.China’s2012"Criminal Procedure Law" has been the principle of presumption of innocence, the idea is to deepen, expressly provides for the accusing party shall bear the burden of proof of guilt, established the privilege against self-incrimination principles, refinement of the conviction and sentencing standards, adhere to and improve the presumable innocence rules. But undeniable is, at present our country’s criminal procedure law is not well established principle of presumption of innocence, especially in the case of the trial, there exists serious "Ning Wang Zong not" thought, the principle of presumption of innocence, which seriously impact. In addition, some ideas about the presumption of innocence is still failed to win support among the people, use is also very difficult to obtain the support of the masses.In order to strengthen the protection of human rights in criminal proceedings, criminal justice, promote the democratization of rule of law, improve the scientific system of criminal procedure, it is necessary in the criminal procedure law clearly stipulates the principle of presumption of innocence, and the principle of presumption of innocence as constitution principle of height, effectively implement the presumable innocence rules, standardize the news media report on legal affairs, perfect the investigation measures, the gradual elimination of rules and the principle of presumption of innocence against judicial personnel, change idea, improve the system of eliminating illegal evidence, and carried out in the judicial practice. Therefore, to effectively analyze the principle of the presumption of innocence, and find out the deficiency of current practice, which gives the effective strategy is the main content of this paper.
Keywords/Search Tags:Criminal trial, presumption of innocence, standard of proof, Suspect-Crime-Means-None
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