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The Application And Perfection Of The Principle Of Presumption Of Innocence In China

Posted on:2017-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:Q L XuFull Text:PDF
GTID:2356330536469829Subject:Law
Abstract/Summary:PDF Full Text Request
The principle of presumption of innocence is an important principle of international criminal procedure,and it has an unshakable legal status in criminal procedure system.The so-called presumption of innocence,is any person in the unconfirmed and convicted before,should be considered innocent.The presumption of innocence therefore emphasizes the need for sufficient,conclusive,and effective evidence of the crimes alleged by the accused and,if he can not prove his guilt in the trial,presumption of innocence,it can be said that the presumption of innocence is one Is an important judicial principle to protect the criminal suspects,the defendant’s legal status and litigation rights and so on.The principle of presumption of innocence as the basic principle of modern rule of law,is also recognized by the international community as a basic human rights.Is recognized by the International Convention for the protection of basic human rights of a criminal justice standards,is to rule by law democratization,an important symbol of scientific.Although the presumption of innocence has been stipulated in the amended Criminal Procedure Law of our country,the principle of this principle is relatively one-sided in our country’s criminal procedure law,which leads to many important problems in practice.Sense of implementation.This article mainly analyzes the connotation of the principle of presumption of innocence and its development in various countries and the present situation in our country,reveals the positive significance of presumption of innocence in criminal proceedings,and puts forward the perfection of the presumption of innocence in criminal procedure.Suggest.This article mainly includes four partsThe first part: the principle of presumption of innocence.By analyzing the basic connotation of the principle of presumption of innocence in different countries in the world,the principle of presumption of innocence has to be regarded as innocent before anybody is convicted without judicial proceedings;secondly,The principle of presumption of innocence and the principle of presumption of innocence should be included in the principle of presumption of innocence should be included in the burden of proof of the burden of prosecution rules,the right to silence rules and suspicion of crime from the three aspects of the content;Social harmony and so on all the value.The second part: the presumption of innocence in China’s criminal proceedings in the embodiment and shortcomings.By describing the absorption of the principle of presumption of innocence in the criminal procedure of our country,this articleanalyzes the defects of the system of right of silence in our criminal procedure,the problems of pre-trial detention and the application of illegal evidence in China.And other issues.The third part analyzes the influential factors of the presumption of innocence in our country’s criminal procedure law,including the lack of right of silence,the problem of pre-trial detention and the application of illegal evidence.The forth part r: Perfecting the Principle of Presumption of Innocence in China’s Criminal Procedure Law By establishing the idea of cultivating people’s presumption of innocence and establishing the constitutional status of presumption of innocence,the principle of presumption of innocence can be better implemented in our country.,And finally with the actual situation in our country put forward the idea of perfecting the presumption of innocence in our country.
Keywords/Search Tags:Presumption of innocence, Right to silence, Defect, Feasibility
PDF Full Text Request
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