On the Legitimacy of Criminal Presumption and its Rule Making

The legitimacy of criminal presumption is mainly embodied in reasonable exemption or allocation of the burden of proof,and in breaking the deadlock of litigation caused by difficulties in proof.Criminal presumption has a particular structure of facts + normal contact → presumed conditions of which are the verification of the facts,the reliability of normal contact on which the judge depends,and the presumption of the conclusion not being overthrown..Besides being in compliance with the principle of reliability of basic facts and normal contact,the principle of prudent application,the principle of direct presumption,the rule of allowing to refute,and other general principles of presumption,the legislation of criminal presumption should embody two specific principles,that is the principle of widespread use of the presumption conducive to the defendant,and the principle of limitation of use of the presumption adverse to the defendant.The core of the rules of criminal presumption is to regulate the presumption that adverse to the defendant by law.The main issue of this is a severe restriction on the scope of application of presumption adverse to the defendant,especially for the determination of the legal presumption adverse to the defendant that should be normative and rational.