THE IMPLEMENTATION OF PRESUMABLE INNOCENCE PRINCIPLE IN CHINA FROM THE PERSPECTIVE OF GRIEVANCE REDRESS

The presumable innocence principle is an important human rights guarantee principle in criminal judicial practice activities. Criminal Procedure Law of China explicitly stipulated this principle in 1996. However, this principle was not applied in the cases, which conformed to the presumable innocence principle in judicial practice. On the contrary, it is replaced by other “principles” with Chinese characteristics. The judicial organs have increased efforts to correct miscarriages of justice since 18th National Congress of the Communist Party of China. Defendants in some cases were acquitted or absolve after retrials. Thus, the presumable innocence principle was truly implemented. Based on the establishment of presumable innocence principle in China, this paper analyses its theoretical foundation as well as the reason for its statutes without efficacy, and explores a reasonable path to realize the actualization of presumable innocence principle in China.