论我国刑事诉讼中的无罪推定原则

无罪推定的立法思想是针对有罪推定、刑讯逼供等法律制度提出的,我国1996年修正的刑事诉讼法,首次吸收无罪推定原则的一些因素,虽然不是完全照搬,却是我国的刑事司法向无罪推定迈出了积极的一步。但在刑事司法立法与实践中尚有差距,还不能充分保障公民的基本人权。

On the Principle of the Presumption of Innocence in China's Criminal Lawsuits

the principle of the presumption of innocence has been put forward in allusion to such judicial pactices as presumption of guilt and inquisition by torture. China's criminal procedure law, which was revised in 1996, draws on a few elements from the principle of the presumption of innocence. This is the first active step for China's criminal justice to move towards that principle. However, there still exists the discrepancys between the legislation of criminal justice and its practice and the basic human rights of citizens cannot be fully guaranteed.