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Topic: became a multiple-choice answer is obvious. "In fa
Posted By: jiandac7o
Subject: became a multiple-choice answer is obvious. "In fa
Date Posted: Apr 02 2013 at 8:20pm
'well-deserved name to '. "Criminal Procedure Law draft amendments to public comments, experts and scholars have suggested that further promote the presumption of innocence ideas take root, and criminal procedural law amendment draft should unequivocally established the principle of the presumption of innocence. The principle of the presumption of innocence is the cornerstone of the modern criminal proceedings, it is the most important principle of the criminal proceedings recognized by the international community. It is understood that the current Criminal Procedure Law does not provide for the presumption of innocence, but, in order to clear the court's conviction rights in 1996 when the Code of Criminal Procedure to modify the following stipulations: "without the People's Court according to law, any person shall be found guilty Code of Criminal Procedure academia generally agreed that the provisions of the absorption of the presumption of innocence and reasonable kernel and inner spirit, strengthen procedures to protect the suspects. Specifically, in order to cope with the establishment of the principle, when the 1996 Criminal Procedure Law to modify canceled 'commit' title, and depending on whether the proceedings will be prosecuted people classified as 'suspects', 'defendant' ; the same time, the abolition of the the procuratorial organs basis for the immunity of the Code of Criminal Procedure 1979 prosecution powers. "Wuhong Yao, associate professor of the China University of Political Science and Law, http://www.societaquotate.it/libraries/do.php - abercrombie , said. October 5, 1998, the Chinese government formally signed the "International Covenant on Civil and Political Rights, http://www.hollisterfrances99.fr - hollister . The second paragraph of Article 14 of the Convention provides that: "Where the criminal charge against him, in according to law, shall have the right to be presumed innocent until proven guilty." Wu Hongyao pointed out that, although the Convention the Standing Committee of the National People's Congress has yet to be approved after a formal take effect, but, as a signatory to the Convention, China's legislative responsibility to actively implement the spirit of the Convention, continued to narrow the gap between the international obligations of domestic law with the Convention. According to the United Nations Human Rights Committee in July 2007, "General Comment No. 32, http://www.mulberryoutletshop99.co.uk - mulberry outlet ," explained the basic requirements of the principle of the presumption of innocence: the prosecution to provide evidence of the complaint, to ensure the exclusion of all reasonable doubt until proven guilty, should be regarded as innocence, ensuring apply the principle of the presumption of innocence of the defendant, and in accordance with this principle, the treatment by the criminal charges. "Requirements of the control of the Convention, in fact, has been in full compliance with the relevant provisions of the Criminal Procedure Law draft amendments to the above requirements." Procedural Law Research Institute of China University of Political Science and Law, Professor, Criminal Procedure Law draft amendments to Prosecute System some of the terms of a concrete manifestation of our legislative recognition of the presumption of innocence, such as the draft clearly prove the guilt of the accused the burden of proof to be borne by the Public Prosecution Service or the private prosecutor; clear evidence is reliable and sufficient specific criteria; provisions torture is strictly prohibited other illegal methods to collect evidence, and any person shall be compelled to prove his guilt; provisions of the Non Prosecution; provisions of the guilty verdict of insufficient evidence alleged crime can not be established. This shows that our legislation has been embodied in the substantive sense and carry out the specific requirements of the principle of the presumption of innocence. "In recent years, with the deepening of the Code of Criminal Procedure scholars on the presumption of innocence theoretical research, http://www.hollisterdeshopnx66.de - hollister deutschland , the presumption of innocence, the concept has gradually gained universal recognition and acceptance of the community since fully implement the requirements of the presumption of innocence at the institutional level , the draft should be unequivocally established the principle of the presumption of innocence. "Prosecute System recommended should draft stipulates that" without the People's Court according to law, http://www.hoganoutlettsitoufficiale.it - hogan outlet , any person shall be found guilty, http://www.louboutinpaschere58.fr - louboutin , was revised to "any person in the People's Court verdict guilty before, should be presumed innocent. " Professor at Renmin University of China, seems Litigation System and Judicial Reform Research Center Director Chen Weidong of Renmin University of China, http://www.louboutinpaschere58.fr - louboutin pas cher , established the principle of the presumption of innocence can better protect the legitimate rights of the defendant, to help carry forward the suspected crime leniently, the idea of ​​never . Chen Weidong, on the presumption of innocence, the most important thing is to implement and adhere to the requirements of the Conflict. Here "Doubtful" to be done to understand two aspects, First, in the case of evidence of guilt and innocence of the evidence can not be determined in doubt between the guilty, not guilty; another is certainly guilty , be considered to constitute a misdemeanor or felony. In the first case, it is necessary to adhere to the suspected crime from unprincipled; In the second case, will have to adhere to the lighter the principle of suspected crime. When the guilt and innocence can not be identified, we must insist on innocence, Chen Weidong very distinctive perspective. "This is suspected as innocent and suspected crimes from there will cause huge social differences effect." Chen Weidong explained that if we insist on from there, the suspected crime may commit two errors: First, the wronged a good man, because Doubtful means defendant might be innocent, convict him may wronged him, once the cause of miscarriages of justice, the second error will certainly come one after another - indulgence real criminals. Correspondingly, suspected as innocent only likely to commit an error, that indulgence criminals. This error can be further collection, evidence has been found to remedy. Suspected crime from some error, but never can make up for the time and life is a blessing money can compensate In this way, http://www.bartscher.fr/opencms/air.jsp - air jordan femme , to select suspected as innocent or suspected of sin, from there, became a multiple-choice answer is obvious. "In fact, in recent years, we procuratorial organs have been stressed handling the case to implement the principle of the presumption of innocence, to handle cases talk about evidence, http://www.bartscher.fr/opencms/air.jsp - air jordan , the case for the prosecution to do the facts are clear, there is ample evidence for cases of doubt to do suspected as innocent, but 'the defendant that the criminals' traditional concept in a short period of time is difficult to completely change, in particular, http://www.updateyeti.de/abercrombie.html - abercrombie online shop , many ordinary people also did not accept the concept of the Conflict, in specific cases, investigators often to face a lot of social pressure. Moreover, in dealing with the cases, judicial officers for the suspect's innocence Zuiqing confession and defense counsel opinion is also a lack of sufficient attention. "Erqi District People's Procuratorate in Henan Province The Attorney liangping, established the principle of the presumption of innocence in criminal procedural law, strengthening the concept of the program of the investigators, for establishing the concept of "suspected as innocent" conscientiously implement the "calm and rational, civilized, law enforcement investigators, http://www.mulberryoutletshop99.co.uk - mulberry , standardize law enforcement concept" requirements to improve the judicial environment, http://www.updateyeti.de/abercrombie.html - abercrombie , will undoubtedly play a positive role in promoting.

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