The Application Of Presumption In Criminal Procedure

The criminal presumption as confirmed by basic facts and direct endorsement legal rules that presumption is established,with its unique structure and classification,the introduction of criminal presumption in criminal litigation can relieve the difficulties of proof,but also facing controversy and practice a series of problems.This paper probes into the development and perfection of criminal presumption rules base on the presumption rule of criminal procedure in our country.In the first part of this paper,the concept of presumption is analyzed,and the related concepts such as inference,sequitur,presumption of innocence and the distribution of burden of proof are analyzed.As the basic facts,presumption of fact as a conclusion,as the relationship between the basic facts and the presumed fact of the major premise,also known as the "presumption of evidence",with the possibility of disproof constitute the presumption.According to different standards,presumption can be divided into legal presumption and fact presumption,presumption of subjective facts and objective fact,refutation,irrefutable and factual presumption,presumption of arbitrariness and presumption of compulsion.The significance of the presumption rule in the criminal prosecution is also analyzed.The introduction of presumption rules in criminal procedure has the function of alleviating the difficulty of proof and balancing the interests of both sides of the lawsuit.The second part is about the application of presumption in criminal procedure,in fact the evidence and other matters a lot for the objective judgment presumption rules,this paper case concrete application of presumption of types were summarized,involving drug-related criminal cases,huge unidentified property cases,computer and network crime,crime the type of fraud cases and illegal possession of such cases.In this paper,the author summarizes the problems in the application of presumption rules,including the types of cases are not clear,the burden of proof and the distribution of ambiguity,the second instance and the retrial of the presumption is not obvious.The third part introduces the criminal presumption system of common law system and continental law system,and analyzes the degree and the merit of the application of the presumption of virtue from the judicial practice.The last part is about the suggestion of perfecting the presumption rule in our country,which fully explains the presumption rule and strengthens the criminal defense from the legislation and the judicature.