无罪推定在中国

Presumption of Innocence in China

无罪推定原则作为一项国际通行的刑事法治原则,它在保护犯罪嫌疑人、被告人的合法权益方面功不可没,故而有人将其与罪刑法定原则并称为刑事司法的两大基石。我国现行刑事诉讼法吸收了该原则的一些合理内核,但并不全面,我们应当在法律观念、诉讼形式、法律制度等方面加以完善,以期在我国刑事诉讼中最终确立真正的无罪推定原则,使刑事诉讼制度能够更好地保护人权,更加符合时代发展的要求。

The principle of presumption of innocence, as a generally recognized one in rule of crimi nal law around the world, has played a very important role in protecting criminal suspects＇ and defendants legal rights. So both the principle of presumption of innocence and the principle of a legally --prescribed punishment for a specified crime are regarded as two foundation stones of criminal justice. Our country＇s criminal procedure law hasn＇t established this principle in an all--round sense yet but has absorbed some of its reasonable essence. We should perfect it from such aspects as concepts of laws, the form of lawsuits and laws and regulations so that the real principle of presumption of innocence could be set up finally and human rights could be well protected and the criminal procedure law could fit well the demands of times.