Research On The Use Of The Method Of The Presumption Of Innocence

With the rapid development of technology, people’s legal awareness of the gradual strengthening of the judiciary so that the pressure is also growing. Cases increase the complexity of the case itself and the special nature of such investigations, the uncertainties of trials is increasing. Some grievances and misjudged cases in recent years, so that we will disclose gaze to one kind of non-criminal theory of adjudication- "leeway" in the judgment. Cause it has many factors, including criminal fine of such convictions have to be confirmed on its full compliance with the constitution of crime is bound to make some suspects being acquitted, convicted and therefore "leeway" came into being. Once again, public opinion, media and families of the victims square aggressive behavior, so that an independent judiciary is becoming increasingly difficult. Community to produce a series of biased or one-sided public opinion in the media is inaccurate in the case reported. Leading public opinion kidnapping justice, judicial intervention in the media. In addition, the families of the victims lost their loved ones or a similar major emotional blow, can not be objective in the face of the principle of the presumption of innocence is an important manifestation of the spirit- the principle of "the Conflict" in. They will attack suspects, the public security organs, prosecution or court with fierce words and actions. Even the use of petitions, bound to visit, threatened with death and so irrational behavior, making our judiciary pressured the families of victims, and make a "leeway" verdict sentencing.We practice the judiciary in order to achieve a unified legal effect and social effect, before seeking the "leeway" This is a verdict, "caught between" referee method. In fact, "leaving room" of the ruling even though it can solve criminal proceedings both short intense party conflicts, but we can see from the practice, but there are times when both parties are deeply dissatisfied with the decision of this kind. Criminal suspects and defendants said they were not a crime, or if the existing evidence does not fully prove his guilt, should get "the presumption of innocence acquittal"; and one would think that the families of victims, the judiciary may not receive the benefits of each other, only He was capricious and arbitrary, or that the judicial protection of human rights of criminal suspects and defendants, the interests of the victims can not guarantee it? As a result, it will inspire contradictory. Meanwhile, "leeway" in judgment and also the theory of criminal law presumption of innocence "the Conflict" in principle goes against the principle. After generating injustice wrong case, mostly because of judicial policy of "rather victimizes not be misplaced," the spirit of the trial, ignoring the evidence in the case of many doubts, make a "Doubtful lighter" or "suspected crime from yes " decision. Dating back to the investigation stage, injustice wrong suspects in cases of "Deadline for Homicide" administrative pressure or influence are extremely vulnerable to torture. As a result, so the suspects to extract confessions, the suspects can not be eluted at the same time make a confession of guilt contrary to the facts, which makes you want to get an "acquittal" even more difficult.In this paper, the author focuses on "leeway" in judgment and the presumption of innocence in "the Conflict" relationship principle, the use of case studies in the form of exploration and to explore the practice of judicial practice, which is more in line with the concept of rule of law in our country today. Also draw the conclusion, "leaving room" of judgment, although a last resort, but with little success because in addition to the destruction of the criminal law "the Conflict" principle, in judicial practice, we should pay attention to the investigation stage evidence collection and legal procedures to collect evidence, so that the effective evidence, no evidence of the effectiveness of flaws to play a role in the course of the trial. In addition, our staff of the judiciary should also abandon preconceived subjective, respect the facts, in accordance with the facts, adhere to "the Conflict" principle. Let fairer justice itself, but also to every person involved in the administration of justice can feel fairness and justice. Finally, we are still on schedule to build and promote the rule of law to mention, our citizens now only know how substantive justice, but does not know what is procedural justice. Only when everyone is knowledgeable about the law, all parties to make all law-abiding citizens, including families of the victims, including legal, rational face of the judicial process, respect the outcome of the administration of justice. Only in this way, "the Conflict" principle of the presumption of innocence will be representative of the true spirit of the law into practice in order to truly protect the human rights of criminal suspects and defendants. So that the construction of rule of law further...