NCJ Number
84010
Journal
Journal of Criminal Law and Criminology Volume: 73 Issue: 1 Dated: (Spring 1982) Pages: 259-316
Date Published
1982
Length
58 pages
Annotation
This article traces Chinese jurists' understanding of the presumption of innocence, and a comparative analysis of relevant provisions of the Chinese criminal procedure law points out how the code can be viewed as consistent or inconsistent with a presumption of innocence.
Abstract
The continuing discussions of the presumption of innocence in the Chinese legal literature and the interest the Chinese are showing in learning about foreign experience with the doctrine indicate that the issue is of more than passing concern as China molds its legal system. Both the divergence of views on presumption of innocence in the contemporary law reviews and the prior history of debates on the issue suggest that the presumption of innocence is an issue that causes many difficulties and tensions for the Chinese. These difficulties and tensions have historical, ideological, conceptual, and practical aspects. At no point does the Chinese Criminal Procedure Law negate or preclude the presumption of innocence. For every point that appears to undermine the concept of the presumption of innocence, counter arguments may be made that allow for the presumption to exist, albeit more uneasily and with weaker formal support than in other systems. The continuing debate on the issue reflects the ambiguity of the law on this issue. A total of 351 footnotes are listed.