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Reversal or the integration: the procedural law and facts on the presumption of innocence


, On the evidence shown by the statutory license, cross-examination, cross examination and debate on the legal procedures, such as investigations, the judge found the verdict in the case of the fact that the judgments of evidence in legal language on the basis of objective reconstruction and reproduction facts. It is the judge of all the evidence the prosecution and defense in the consolidated material identified on the basis of objective fact the case. It is the facts of the case and make the judiciary the final identification of the force of law. Compared with the objective facts, the legal fact that concise, specific and clear and operable. Easy to apply. Legal fact as evidence of the investigation and application of the direction. The use of evidence found on a real case shall meet the substantive and procedural criminal law, to achieve from the legal point of view to the extent that is true. In the use of evidence in order to clarify the confusing aspects of the process and concepts. Then as the presumption of innocence is an important embodiment of the right to remain silent system as an example. Right to Silence is the significance of the principle of seeking truth from facts. First, it can reduce the confession unreliable. As a principle, the system first of all to silence opposition by force means for access to 1:3. V. to give those who were forced to remain silent, that is evidence in order to curb illegal means justice and justice achieved. From the perspective of basic human nature, to be truthful complainant fully admit his guilt is almost impossible. Is not conducive to the complainant's own statements, is often subject to undue influence of external factors, such as torture, Yougong and so on. In addition, of course, is sometimes accused's confession evidence has a certain value. But the indictment and trial of those accused persons who are often given too much evidence to force confessions, without other evidence to believe or neglect investigation. Confessions of the accused persons often leads to over-rely on the distortion of the truth. (See Zhao-Peng Wang: Judge to avoid being charged based on the performance of those cowardly to make their bad referee. Because many innocent persons accused no litigation experience, often in criminal activities, too timid and nervous due to irrelevant answers, behavioral panic, I do not know what to do, often gives the impression of poor performance. The indictment or trial, so that those who are often accused person guilty or dishonest,[link widoczny dla zalogowanych], prone to prejudice the heart. Then its an adverse judgments. Second, the Right to Silence helps to identify the truth. In general, the testimony is to prove that freedom of confession cases an important source of evidence for the truth. Forced confession of 1:3 for its objective truth is relatively poor, likely to cause miscarriage. Confessions of deriving from the right to remain silent exclusion of evidence rules. Based not only on and for an attempt to prevent illegal access. (Li Xinjian: given a choice by the accused person the right to silence. Once the accused to abandon the right of silence for the confession, because confession is the embodiment of free will, the real reliability is strong. Instead, identify the facts of the case in favor. In addition, to give accused persons right to remain silent, accusing authorities is difficult to expect to be charged by the confession. To force the innovation investigation, proof technology to improve the quality of personnel, change the situation of over-reliance on confessions, may be more actively to investigate the confession other than to collect valuable evidence, which identify the facts of the case to provide a guarantee. Can be seen, the presumption of innocence is not the principle of seeking truth from facts reactionary. China's Criminal Procedure Law as a practical guiding principles, and not a substitute for a series of criminal procedure system specific principles and norms, but also the principles and norms of specific actions to reflect and complement. Law judge does not allow the accused to the crime of whether the ambiguous conclusion, but the presumption of innocence embodied the pragmatic requirements, but also to solve this problem provides an effective way. Presumption of innocence because the emphasis on the possibility of the accused not guilty, on the one hand to promote a comprehensive collection of cases of judicial evidence, so that it can objectively and comprehensively determined the guilt or innocence of the accused's case, fully embodies the principle of seeking truth from facts other On the one hand, when an accused person found guilty of insufficient evidence, the presumption of innocence, asking the court to make a guilty verdict, that This is also an important supplement to the principle of seeking truth from facts. (The author: Shenzhen University School of Law Teachers; Futian District, Shenzhen People's Procuratorate of cadres in the glow of an Editor