| The determination of the facts of a case is one of the key issues in judicial adjudication.The process of fact finding is closely related to substantive law and procedural law.The fact of a case needs to be proved by evidence,but presumption,as an alternative method of judicial proof,is widely used in judicial practice.Criminal presumption is one of the ways to determine the facts of a case when the facts can not be proved.It belongs to the research scope of criminal evidence law,which is related to the most basic and important theoretical issues in the criminal field.Criminal presumption can form a structural chain of "basic fact normal connection presumed fact refutation".According to the source of normal connection,criminal presumption can be divided into legal presumption and factual presumption.Criminal presumption is the choice of legal truth,and this kind of legal truth strives to reach the standard of seeking truth from facts.Criminal presumption can play the role of both punishing crime and protecting human rights,as well as realizing substantive justice and procedural justice.It will not impact the principle of presumption of innocence and the principle of evidence judgment.At the same time,criminal presumption has the value of implementing criminal policy,improving the efficiency of litigation,and enhancing the pertinence of defense.In order to avoid the negative impact of criminal presumption,in view of the fact that our country is still in a relatively chaotic state of criminal legislation and judicial application,we need to improve the criminal presumption legislation,do a good job in the relevant judicial interpretation,strictly protect the suspect and defendant’s right to know and refute the application of criminal presumption,and strictly control the burden of proof of the basic facts.The interpretation of criminal presumption and reasoning of judgment documents by the people’s court.Figure 0;Table 0;Reference 42... |
