无罪推定原则研究

无罪推定原则作为刑事诉讼中的一个重要原则 ,对于确保被告人在审判中受到公平对待、参与法庭判决制作和保障人权具有重要意义。其思想在我国古代已有体现 ,但真正现代意义的无罪推定原则是近代资产阶级大革命胜利的成果。我国现行法律还没有确立完全意义的无罪推定 ,但吸收了其合理内核。在正确理解无罪推定原则时 ,我们应注意该原则与实事求是、沉默权、传统法律观念和配套法律制度等问题的关系

Elementry Analysis of Principle of Presumption of Innocence

The principle of presumption of innocence, as an important one of criminal lawsuit, plays an equally important part in ensuriny the defendant a fair trail, in taking part in the court's judgment and in guaranteeing human rights. Its ideas were effected in our country's ancient times. However, this principle with the truly current meaning ,is the fruit of bourgeois revolution in modern times .We haven't established this principle in an all-round sense yet but have observed its reasonable essence. While properly comprenending it, we should pay attention to its relationship with the idea of being practical and realistic , with the right of muteness ,with the traditional concepts of law ,and with the corresponding legal system.