Reconsider Criminal Presumptions

The term presumption is used in a variety of senses and there is no agreement what the effect of a presumption on the burden of proof is.However,according to different interpretations of presumptions,the distribution of the burden of proof is different.It is necessary to distinguish between a presumption and its analogues.A presumption is an assumption of material fact that the law requires to be made from another fact established in the action.Herein,we show that the only effect of a criminal presumption is to shift the burden of producing evidence,the essence of which is to change the subject of proof.A criminal presumption reduces the burden of proof of the prosecution to promote the realization of criminal policy objectives,but also has the risk of infringing the rights of the defendants.Therefore,it should follow four rules: reasonable connection,legitimate purpose,proportionality principle and due process.We anticipate that the accurate definition of criminal presumptions helps clarify the distribution of burden of proof in criminal proceedings,and promote the integration of the theory of proof and the theory of presumptions,and provide a theoretical basis for criminal proceedings and the legislation of criminal presumptions in the future.