On The Application Of Presumption In Criminal Proceedings

Presumption is a method of proof,which is used in both civil and criminal proceedings.Because of the principle of presumption of innocence in criminal proceedings,many scholars believe that the application of presumption will lead to wrong cases,and then oppose the application of presumption in criminal proceedings.But it is an indisputable fact that presumption is applied in our criminal procedure.Presumption is based on the rule of experience,from known facts to prove the facts,and allow refutation of the method of proof.The application of presumption in criminal procedure can solve the special difficulty of proof,reduce the difficulty of proof and strengthen the function of criminal law in fighting crime.However,because presumption is inherently contingent and contradicts the essential truth pursued in criminal proceedings,it must be used cautiously in criminal proceedings.In order to avoid the negative effects of application.it is necessary to formulate presumptive application rules.Presumption is mainly used to solve the subjective knowledgeable problem of proof in our criminal procedure.In our country,the basis of conviction in criminal procedure relies heavily on the confession of criminal suspects,which leads to the repeated prohibition of extorting confessions by torture.The application of presumption in criminal proceedings and the adjudication of cases based on circumstantial evidence can reduce the degree of conflict between interrogators and criminal suspects,and is conducive to the protection of human rights.Considering the factors such as the suspect's right of silence in the future,the author believes that presumption should be applied in criminal proof with special difficulties in proof,such as theft.Our country should perfect the presumptive legislation and strengthen the training of judicial personnel.In the application of presumption,judges should publicize the process of testimony in time and strengthen the reasoning of judgments.