On The Application Of Presumption In Criminal Procedure

As an alternative to judicial proof,criminal presumption has the special value of making up for the shortage of evidence in specific cases and the difficulty of subjective proof of crimes.Especially in the context of "court trial substantiation" and "evidentialism",the promotion of "trial centered" criminal procedure reform has put forward higher requirements for the fact determination and judicial judgment of cases More and more presumption rules have been introduced,but the theoretical research on presumption still stays in the debate stage of concept discrimination and boundary division,which seriously restricts the play of the substitute role of criminal presumption.The urgent task is to identify the specific presumption rules created by law and judicial interpretation on the premise of exploring common understanding,and to identify the characteristics of criminal presumption According to the classification of elements such as source of law,purpose of illegal possession and knowledge,we should grasp the basic reasoning structure of different types of presumption rules,and combine the judicial analysis of individual cases or single accusation to find common application problems,so as to seek the way for improvement.The first part of this paper focuses on the analysis of the characteristics of criminal presumption,such as "created by law" and "rebuttable",by comparing the relationship and difference between presumption and related concepts,and clarifies the connotation and extension of criminal presumption,through the analysis of applicable rules and effects,This paper reveals the logic structure of syllogism of criminal presumption and the process of redistributing the burden of proof,clarifies the boundary of "chaos" in the basic theory of criminal presumption,and enhances the recognizability of features.In the second part,by analyzing the current situation of legislation and judicial application of criminal presumption in China,using the method of empirical analysis,the author sums up the application of cases,finds out the existing problems of presumption in the creation of subjects,language,process control and so on,and analyzes the reasons.The third part puts forward the reference and Enlightenment to our country through the practical experience in the way of creation,the content of rules,the system measures and so on.In the fourth part,in view of the problems existing in the legal creation and judicial application of criminal presumption,combined with the results of overseas research,the author puts forward reasonable suggestions for the improvement of the criminal presumption rules in China from the three perspectives of "normative creation unified rules strengthened supervision".