全部 标题 作者
关键词 摘要

OALib Journal期刊
ISSN: 2333-9721
费用:99美元

查看量下载量

相关文章

更多...

The Dilemma and Way out of Indubio Pro Reo in Chinese Context: Analysis of Li Huailiang Case

DOI: 10.4236/chnstd.2022.111002, PP. 16-29

Keywords: In Dubio Pro Reo, Media Trials, Extended Detention, Crime and Tort

Full-Text   Cite this paper   Add to My Lib

Abstract:

Li Huailiang’s case basically covers three main issues related to the application of the principle of presumption of innocence in China’s criminal judicial practice: First, the interference of media trial dominated by the idea of presumption of guilt to judicial justice; second, the suspect and defendant are presumed guilty in the criminal proceedings; third, the principle of “In dubio pro reo” only stays in the trial stage of the court. For the issue of media trial, it is necessary to regulate the news reports related to law, authorize the judicial organs to restrict the news reporting cases through legislation, and endow the courts with the power to regulate the news reporting activities related to their trial cases. For the problem of extended detention, China’s judicial organs have carried out activities to supervise and inspect extended detention cases for many times. Media trial and extended detention all reflect the far-reaching impact of the idea of presumption of guilt on China’s public concept and judicial practice, as well as the practical problem that it is difficult to implement the principle of “In dubio pro reo” in judicial practice. The reason is inseparable from the thought of suspected crime in Chinese traditional legal culture, the limitations of China’s reference to the criminal legal system of western countries, and the tradition of China’s administrative intervention in justice.

References

[1]  Bai, R. (2021). Inspection of Extended Detention and Its Solution—Taking the Survey Data of H Municipal Procuratorate as a Sample. Chinese Prosecutor, 9, 35-37.
[2]  Barry, N. (2010). Introduction to Roman Law (pp. 193). Translated by Huang Feng. Law Press.
[3]  Cha, G., & Wan, F. (2015, August 12). Li Huailiang’s Intentional Homicide Case—How to Judge the Probative Power of Evidence in Death Penalty Cases. Henan Higher People’s Court.
http://www.hncourt.gov.cn/public/detail.php?id=157892
[4]  Chen, G., Zhang, J., & Xiao, P. (2013). On the Principle of Presumption of Innocence and Its Application in China. Journal of Law, 34, 1-8.
[5]  Chen, L. (2011). Spreading the Legal Consciousness of “Presumption of Innocence”. News and Writing, 7, 63-64.
[6]  Guo, H. (2021). Theoretical Review and Rule Restatement of “In Dubio Pro Reo” in China. Political and Law Forum, 39, 161-173.
[7]  He, J. (2020). Acquittal of Suspected Crimes and State Compensation. People’s Procuratorate, 23, 7-10.
[8]  Lu, X., & Yang, Y. (2019). On the Regulation of Law Related News Reports—From the Perspective of Presumption of Innocence. Journal of Zhejiang University of Technology and Technology, No. 2, 45-54.
[9]  Luo, C. (2010). Causes, Harm and Countermeasures of Extended Detention in Criminal Cases in China. Journal of Hunan University of Foreign Economics, 9, 51.
[10]  Min, C., & Bao, W. (2018). Reflection on the Mode of Acquittal Judgment in China—An Analysis Focusing on Item 3 of Article 195 of the Criminal Procedure Law. Law Science, 5, 152-164.
[11]  Qian, D. (2007). New Notes on Tang Law (p. 1011). Nanjing University Press.
[12]  Wang, J. (2017). Presumption of Innocence and Media Reports. Journal of Xi’an University of Finance and Economics, 30, 116-123.
[13]  Wang, S. (2013, May 8). There Are Many Disadvantages of “Joint Handling Cases”. People’s Court Daily.
[14]  Xie, E. (2013). Reasons for the Existence of Extended Detention and Countermeasures from the Concept of “Presumption of Guilt”. Hubei Social Sciences, No. 2, 150-153.
[15]  Xing, X. (2015). Current Chinese Procedural Discourse in Favor of the Defendant—And Evaluation of Relevant Provisions of the Criminal Procedure Law. Global Legal Review, 37, 130-147.
[16]  Yang, X., & Zhou X. (2016). On Pre-Trial Procedure Control under “Trial Centrism”—Taking “Hidden Extended Detention” as the Starting Point. Political and Legal Treatise, No. 3, 129-136.
[17]  Zhou, Y. (2019). Research on the Policy Implementation of Grass-Roots Government in the Territorial Management of Petition to Maintain Stability—Taking Tan Township of a City as an Example. China Administration, No. 1, 80-87.
[18]  Zou, J. (2015). Let the Judiciary Exercise Its Power Independently, Bid Farewell to the “Joint Handling of Cases by the Public Security, Procuratorial and Judicial Organs” and the Leadership Does Not Intervene in Cases. China Economic Weekly, 13, 25.

Full-Text

Contact Us

service@oalib.com

QQ:3279437679

WhatsApp +8615387084133