The Applicable Scope,conditions and Effects of Presumption in Criminal Proceedings

In recent years,because of the lack of in-depth research to presumption,there is an inappropriate generalization tendency of expanding the application of presumption in theory and practice,which is especially prominent in criminal proceedings.However,the exercise of power nature of criminal proceedings decides that we should take the application of criminal presumptions seriously.The application of legal presumption should meet certain conditions,while the fact presumption should be prohibited in criminal proceedings.On one hand,the procedural effects of presumption are to relieve the difficulties of proof and propel the process of proof;on the other hand,the substantial effects of presumption are to increase the object of proof and have an influence on the burden of proof.