In The Pre-trial Detention Of Presumption Of Innocence Construction System

The principle of presumption of innocence means that anyone (including the suspect and the accused) can not be presumed to be guilty until he or she is determined to be guilty by the court through the trial in compliance with law. The status of litigation and the litigation rights of both the suspect and the accused are decided by this principle. As an important criminal litigation principle, the principle of presumption of innocence has already been recognized and established in most modern nations ruled by law. Meanwhile, it has been acknowledged and protected in the internaional community as a fundamental human right. This principle embodies the judicial civilization and the guarantee of human rights. It is an important symbol for a society that is getting rid of ignorance and backwardness and becoming more and more scientific, and changing from autocracy to democracy and justice. At present, there are merely a few regulations on the principle of presumption of innocence. However, the principle is mainly applied in the criminal trial procedure. Its application in the procedure of pretrial detention has not been paid much attention. The reservation of this principle has caused a lot of problems in judicial practice, which is not helpful to the construction of the judiciary. Therefore, the principle of presumption of innocence should be implemented in the procedure of pretrial detention. On the one hand, the system of judicial review and the system of posting a bail and awaiting trial with stricted liberty of moving should be improved. One the other hand, the system of changing and cancelling detention for awaiting trial, the system of separating trial and detention and the system of separating investigation and detention should be made perfect. In addition, it is nessary to improve the qualities of law enforcement officers and raise the legal consciousness of the public by strengthening the introduction of laws so as to effectively guarantee the human rights of the suspects and the accused. The thesis begins with the principle of presumption of innocence in the pretrial detention system, then makes a comparative study of its application in the pretrial detention system, and puts forward concrete suggestions on carrying out the principle of presumption of innocence in the pretrial detention system based on the analysis of the current situation of the principle applied in the pretrial detention system in criminal litigation in China.