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Research On The Safeguard Measures Of Implementing The Principle Of Presumption Of Innocence

Posted on:2019-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z SuFull Text:PDF
GTID:2416330566975535Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The principle of presumption of innocence is a legal principle of protecting human rights,and is a basic principle of criminal procedure law.But it is not a principle that can be realized by itself.Instead,it needs relatively perfect safeguard measures in law and judicial practice.In order to promote the implementation of this principle,the protection measures include the privilege of silence,the access to Legal Advice,the exclusion of illegal evidence and the benefit of the doubt are all specified in extraterritorial laws.The principle of presumption of innocence clearly requires the accused to have the legal status of innocence before the court's judgment,and the burden of proof should be borne by the prosecution,and it must reach the degree that the facts of the crime are clear and the evidence is indeed sufficient,and when the case is doubtful,the management should be beneficial to the accused.The safeguard measures of this principle are the way to realize the above requirements.By summing up the problems existing in the safeguard measures of this principle in our country,drawing on advanced legislation and judicial experience from foreign countries,the safeguard measures to implement this principle can be improved,in order to promote the real establishment and penetration of the principle in our country,to achieve our goal of punishing crimes and protecting human rights equally,and to achieve the purpose of guaranteeing the legitimate rights of the accused.This paper analyzes the guarantee measures for the implementation of the principle of presumption of innocence by means of literature review,comparison and induction,expounds the contents,current situation and problems of the safeguard measures to carry out this principle,and puts forward perfect thinking in view of the existing problems to promote the implementation of this principle in judicial practice.This article is divided into five parts: the first part expounds the outline of the principle of presumption of innocence,generalizes the international definition of this principle and the absorption of the basic core of the principle in China at present,discusses the basic connotation and requirements of implementing the principle,clarifies the importance of implementing this principle and safeguards measures in our country as a whole.The second part discusses the safeguard measures to promote the implementation of this principle in China from the two aspects of legislative status and judicial status,which embodies the guarantee of the basic human rights of the accused in the law of our country.The third part analyzes the problems of the safeguard measures of the principle of presumption of innocence,and focuses on the protection of the rights of the accused.The fourth part,in view of the experience of extraterritorial guarantee for the implementation of the principle of presumption of innocence,discusses the legal guarantee and the safeguard measures in judicial practice for the implementation of this principle by international and extraterritorial countries,with a view to drawing on the advanced experience abroad and promoting the implementation of the principle in our country.The fifth part puts forward reasonable ideas on how to improve the safeguard measures of the principle,and discusses the author's thinking about improving the safeguard measures of the principle mainly from two aspects of perfecting the legislative guarantee and implementing the guarantee measures which are clearly stipulated in the law,in order to promote the implementation of the principle in the judicial practice of our country.
Keywords/Search Tags:Presumption of innocence, Safeguard measures, Defendant, Protection of human rights
PDF Full Text Request
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