论刑事诉讼中的推定规则及其在我国的确立

在刑事诉讼中,适用推定可以在一定程度上减轻控方的举证责任,适当降低证明标准,有利于诉讼的进行和举证责任的合理分配。无罪推定作为一项基本刑事诉讼原则,并不是证据规则意义上的推定,推定的适用并不违反无罪推定原则。为了实现公平举证以及促进诉讼效率,应当在我国刑事诉讼中构建完善的推定规则。

On the Transformation Between Presumption and Burden of Presenting Proof

In criminal lawsuits,applying presumption can alleviate the accuser's responsibility of presenting evidences in a certain degree and lower criteria of proof moderately,which is good for carrying out prosecution and reasonable allotment of responsibility of presenting evidences.Being a basic principle of criminal procedure,presumption of innocence isn't the presumption in the perspective of the evidence rules and the application of the presumption doesn't go against the principle of innocence presumption.It's necessary to construct the principles of presumption in our country's criminal procedure in the interest of justified evidence presentation and improving efficiency in lawsuits.