Traditional Culture Encyclopedia - Traditional culture - China's presumption of guilt or innocence?
China's presumption of guilt or innocence?
Legal basis: Article 12 of China's Criminal Procedure Law stipulates: "No one shall be convicted without the judgment of the people's court according to law." Is this the true principle of presumption of innocence? I think it only absorbs some spirit of the principle of presumption of innocence to a limited extent. Because the presumption of innocence emphasizes that you should be considered innocent until you are confirmed guilty, and the provisions of article 12 say that you cannot be considered guilty until you are confirmed guilty. In fact, this is a vague statement and shows a skeptical attitude. I just can't be sure of my guilt but I don't admit my innocence. This seems illogical. If the true presumption of innocence is the confirmation of right and wrong, then article 12 is the evasion of right and wrong. Generally speaking, the true principle of presumption of innocence has not been determined in China.
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