Constraints on the Application of Presumption against the Defendant:A Research Based on Comparisons and Empirical Evidence

As a special method of assigning the burden of proof,the presumption against the defendant affects the whole criminal procedural structure as well as the evidence system and to some extent is in potential conflict with the principles like the presumption of innocence and avoiding self-incrimination.So it should be applied under reasonable restrictions.Although our criminal code and judicial interpretations stipulate the application of such kind of presumption in a few related terms,no special provisions are made in the criminal procedural law and little research has been conducted in terms of its theoretical basis and legal consequences.This results in the misuse and even abuse of the presumption against the defendant.Therefore,it is necessary to fully analyze the theoretical basis of the principle of presumption against the defendant and define its application conditions,scope and legal effects.Only by so doing can we avoid the potential risk of infringing human rights and the institutional barriers to its application.