On the Application and Perfection of the Presumption of Innocence Principle in China

Authors

  • Xiangling Mao

DOI:

https://doi.org/10.54097/928wdr27

Keywords:

presumption of innocence, right to silence, due process, exclusion of illegal evidence

Abstract

The presumption of innocence is the presumption of innocence of any person before being conviction and conviction. This principle aims to protect the legitimate rights and interests of criminal suspects and defendants before the trial in court, and cannot be regarded as criminals only because they are criminal suspects, which is also a guarantee of human rights. Although the relevant laws and regulations have gradually implement the presumption of innocence principle of legal spirit, promote the legitimacy of the judicial process and the rule of law thought progress, but the presumption of innocence principle in our country has no clear legal provisions, therefore, how to put the presumption of innocence principle institutionalization, legalization, speed up the presumption of innocence principle of legislation and perfect judicial practice is needed to solve the problem.

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References

Beccaria Cesare Bonesana. On Crime and Punishment. China Legal Affairs Press, 2005, p.37.

Magnus Yuwan. Is it substantive justice, or procedural justice? ——Challenges to the principle of presumption of innocence . Research on modernization of rule of law, 2017, Vol. 4,p.159.

Chen Guangzhong, Zhang Jiahua, Xiao Peiquan. On the presumption of innocence principle and its application in China. Law Journal, 2013, Vol.10,p.2.

Xu Qiulin. The application and perfection of the presumption of innocence principle in China Qingdao University, 2016.p.6.

Lin-lin Chen. Due Process of Law — Miranda Rule, Yunnan Law, 1998,Vol.4,p.94.

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Published

25-06-2024

Issue

Section

Articles

How to Cite

Mao, X. (2024). On the Application and Perfection of the Presumption of Innocence Principle in China. Journal of Education and Educational Research, 9(1), 227-230. https://doi.org/10.54097/928wdr27