The Presumption of Innocence in Criminal Procedure of Chinese

• Main Authors: Wu Yi Ti, 吳怡締
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/23597345634554214925

碩士 === 東吳大學 === 法律學系 === 97 === Presumption of innocence is a fundamental principle of the criminal proceedings which is accepted and established in modern nomocracy nations, also it is basic human rights which is admitted and protected in the world. Presumption of innocence means that anyone is innocent from the law perspective before he is validated criminality through legal procedures. With capitalism developed, international society emphasize on protecting human rights and juridical equity increasingly, more and more countries accept presumption of innocence as the essence of criminal procedure law, even prescribed and proclaimed in writing in the Constitutional Law. As the major instrument that many countries deal with juridical organs protecting individual rights and legal principles, Presumption of innocence has very important social and legal value in advancing litigation democracy, pledging procedure equity and the defendant’s rights. It is profound significance that we study the presumption of innocence applicability in criminal procedure law. In judicial practice, the interpretation and application of this doctrine differs in concrete social environment of criminal justice. China has established this principle since the criminal procedural law was revised in 1996, overruling definitely the long-existing doctrine of presumption of guilt. Since some defects exist in the related prescriptions, the application of this principle in criminal judicial practice will be inevitably in line with Chinese circumstances. In this essay the author discusses and expounds the role of this doctrine in protection of human rights and punishment of crimes, and probes into some problems and causes in the application of this doctrine in Chinese criminal judgment. The thesis analyzes the presumption of innocence applicability in criminal procedure law through induction, compared and demonstration cases. Demonstrates the presumption of innocence applying in criminal procedure law from analyzing status, opening backwards and finding reasons perspectives, and combines the gap between effective legislation and judicial practice to think deeply on the converse in order to excavate the roots of restricting presumption of innocence applying in criminal proceedings. Proposes a reasonable frame from theory and practice perspectives on how to improve presumption of innocence and gives the relative conclusions as following. Definitude relative legislation to implement presumption of innocence, and give some solutions and suggestions in order to consummate juridical practice.