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Practical Barriers Of Presumption Of Innocence

Posted on:2017-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y WangFull Text:PDF
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Presumption of innocence is one of the important principles of criminal justice,as well as the bottom line and justice of criminal proceedings.It is originated from ancient Roman law,and has been identified as a constitutional principle by the UN Convention on Human Rights and by many countries.Itís the theoretical foundation of modern democracy and legality,gradually being established by the Criminal Procedure Code all over the world.The basic spirit of presumption of innocence was established in The Criminal Procedure Law of the Peopleís Republic of China,1996,then confirmed as a principle in The Criminal Procedure Law of the Peopleís Republic of China,2013.However,in legislation and judicial practice,there are many difficulties and obstacles to fully realize the presumption of innocence.Itís still necessary to improve it.
Keywords/Search Tags:presumption of innocence, privilege of silence, exclusionary rule of illegally obtained evidence, judicial independence, accountability for misjudgments
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