Differentiation and Correction of the Principle of Presumption of Innocence

The principle of presumption of innocence is interpreted in this article. Its general significance is that the accused should be enacted as an innocent before sentence. In this sense it is just a temporary protective substantial enactment without any issue of refutation. The principple firstly advocated by Beccaria is not the principle of presumption of innocence, but the denial of the presumption of guilt. The principle of presumption of innocence is not generally enacted as the norm of the burden of proof. The principle against compulsory self-incrimination is partly derived from it. The significance of the 12th provision of china procedure law is neither the presumption of innocence, nor forbidding the presumption of guilt, but forbidding the affirmative judge before sentence about the crime of the accused,which is unreasonable and ineffective. The principle of presumption of innocence is not an absolutely necessary designation in legal technique under the principle of rule of law.