On Application of Principle of Presumption of Innocence in System of Criminal Evidence
Xie Chao-bin
Abstract
Xie Chao-bin
Abstract
The introduction of the principle of the presumption of innocence will cause great change of the criminal evidence system unavoidably. On the burden of proof, the principle requires the accusing party to undertake the responsibility of proving defendant's guilty; About the proving standard, the principle requires that the identification in criminal suit must get rid of rational suspection. And the suspected crime is unenclosed in crime; In addition, the principle still requires getting rid of the proving strength of the illegal evidence.
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The introduction of the principle of the presumption of innocence will cause great change of the criminal evidence system unavoidably. On the burden of proof, the principle requires the accusing party to undertake the responsibility of proving defendant's guilty; About the proving standard, the principle requires that the identification in criminal suit must get rid of rational suspection. And the suspected crime is unenclosed in crime; In addition, the principle still requires getting rid of the proving strength of the illegal evidence.
Key concepts: Presumption of innocence, Presumption, Reasonable doubt, Burden of proof, Innocence, Law, Criminal procedure, Criminal case