Consideration On The Clear Of The Presumption Of Innocence Principle In China

Establishment of principle of presumption of innocence in China is the need of constructing a rule-of-law society.The criminal procedure in China has historically laid stress on punishing criminals to pursuit the substantive truth, while the importance of due procedure has largely been ignored and the value orientation of the whole criminal procedure is’curbing crimes’. It is in this context that the principle of presumption of innocence in China has not established in legislation and judicial practice, in which the right to silence as a guarantee of human rights has not established and the right of defense as embodiment of judicial justice has not fully exercise. The principle of presumption of innocence should and can be applied in the criminal trial in China is the hot theoretical points and has always been concerned by the Chinese law circle. There’s no definitive agreement in the application of the principle of presumption of innocence in China. How to build a socialist law-based country and how to apply the principle of presumption of innocence is the question that legal workers should ponder. The principle of presumption of innocence is more the problem of the concept than the institution design. We should make efforts to pursue a kind of social environment of the unity of democracy and the rule of law and rouse people’s legal rights, highlighting the importance of due process in order to protect the legitimate rights and interests of criminal suspects and defendants. On the one hand, the modification of Chinese law system specially’law of criminal procedure’lays a good foundation and provides the opportunity for establishment of innocence presumption principle; on the other hand, with the steady progress of the judicial reforms in our country, the socialist judicial system with Chinese characteristics has further improved, which shall ensure that the judicial organs, procuratorial organs to exercise their judicial and procuratorial powers in an independent and just manner and strengthen judicial officials’thinking about the principle of the presumption of innocence Based on analyzing the application of the principle of the presumption of innocence in China, the importance and necessity of the principle of the presumption of innocence on was set forth, and how to build up the principle of presumption of innocence both in legislation and in the judicial practice in our country to improve the judicial institutions of China constantly was proposed to improve the principle of the presumption of innocence from the legal provisions to the level of legislation and legal consciousness gradually.