Criminal law presumption

Author: Deng Zibin
Publisher:
Publish Date: 2003-10-01
Features: The combination of theory and practice is a distinctive feature of this paper. The entire text is divided into two parts: theoretical presumptions and practical presumptions. The theoretical presumptions explore the general principles of presumptions, covering general issues such as the meaning, function, basis, and rationale of presumptions. In this context, the author provides a relatively objective analysis of the value orientation of presumptions. He points out: presumptions bring efficiency and convenience, but their misuse will inevitably lead to the infringement of citizens' rights. In legislative presumptions and judicial presumptions, the prosecutor's presumption subject is always the party in power. Since presumptions are so convenient, due to human nature, those in power are inclined to use them as means to achieve their own purposes. Therefore, it is a subtle trap that must be strictly limited. The subtle trap is a very profound understanding of the utility of presumptions, and it is something that must be vigilantly aware of when applying presumptions in judicial activities. Based on this deep theoretical grasp of presumptions, the author further discusses practical presumptions against the backdrop of criminal legislation and criminal justice. The author emphasizes summarizing rules for presumptions from practice, although he believes this is an impossible task, he still makes attempts and efforts, achieving significant progress. Although presumptions are a practical issue, without a theoretical grasp, one may lose direction and become confused. This paper studies presumptions from both theoretical and practical perspectives, and methodologically, it is successful, also providing us with new insights into presumptions.