刑事推定法律规制的困境与出路

Problems and Solutions of the Presumption of Criminal on Legal Regulation

刑事推定在我国刑事立法与司法适用中均有涉及,但因立法上的不明确,引发了司法机关在适用刑事推定规则时的对象不确定、标准不统一等诸多问题。为规范刑事推定的司法适用,预防其在司法实践中产生的消极影响,必须建立和完善刑事推定的相关规则,以维护法制统一和司法权威。

It is clear that criminal presumption is involved in criminal legislation and judicial practice in ourcountry. However, due to the unclear provision in the legislation, there are more and more problems for judge whenthey apply related rules on criminal presumption, such as unclear object and uniform standards. In order to regulatethe presumption of criminal and prevent the negative impact on judicial practice, we have to establish and improvethe relevant rules of criminal presumption, which can help us to maifltain unified legal system and judicial authori-ty.