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我国1996年修改后的《刑事诉讼法》是对无罪推定原则在中国的初步法律化,从法理上否认了过去长期实行的有罪推定做法。但是,由于司法人员在执法理念、执法作风等方面存在问题,在...
我国1996年修改后的《刑事诉讼法》是对无罪推定原则在中国的初步法律化,从法理上否认了过去长期实行的有罪推定做法。但是,由于司法人员在执法理念、执法作风等方面存在问题,在司法实践中贯彻无罪推定原则还具有不完整性。司法人员要牢固树立起人权理念,对无罪推定具备正确而深刻的认识,这样才会在刑事审判整个过程中体现公正审判的原则。
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In China in 1996, after the revised "criminal procedural law" is the principle of presumption of innocence in China's preliminary legalization, from legal denied a presumption of guilt over the past long-term practice. However, because of the judiciary in law enforcement idea, law enforcement work problems, in the judicial practice implementation of innocence presumption principle also has no integrity. The judicial personnel should firmly establish the concept of human rights, the presumption of innocence have the correct and profound understanding of, this will in a criminal trial in the entire process embodies the principle of justice.
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China's 1996 revised" law of criminal procedure" is the principle of the presumption of innocence in China preliminary legal change, from the legal principle theory of law denies the past long-standing presumption of guilt practices. However, because of the judicial personnel is in execute the law enforcement idea, style and so on, in the judicial practice of the presumption of innocence with integrity. The judicial personnel should firmly establish the concept of human rights, the presumption of innocence with correct and profound understanding, so only in a criminal trial in the whole process of embodiment of justice principle.
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意译:
The revised 1996 China Criminal Law states that a person is presumed innocent until proven guilty. This idea reversed the previous convention that an accused person is guilty until proven innocent. However, some law-enforcing officers have not completely changed their previous mind set. In order to have fair and just criminal trials, all personnels in the judicial system must recognize the current law principle that a person is presumed innocent until proven guilty.
The revised 1996 China Criminal Law states that a person is presumed innocent until proven guilty. This idea reversed the previous convention that an accused person is guilty until proven innocent. However, some law-enforcing officers have not completely changed their previous mind set. In order to have fair and just criminal trials, all personnels in the judicial system must recognize the current law principle that a person is presumed innocent until proven guilty.
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