Key Words: the presumption of innocence, wrongful conviction, criminal procedure, right to silence, privilege against self-incrimination, illicit enrichment provision.

Abstract:

The presumption of innocence has long been regarded as a golden rule of criminal procedure law across the world. Many countries have recognized this principle in their criminal procedure laws or constitutional laws. As one of the most important protections for the accused in criminal proceedings, this principle has also been listed among the minimum standards for a fair trial in many international treaties. This paper explores how the presumption of innocence is understood and debated among Chinese academics, and how it is gradually adopted and slowly implemented in China.

This paper begins its discussion by reviewing a high-profile case in China and providing a brief introduction of the presumption of innocence. Part I gives a historical overview of the presumption of innocence debates in China. Part II analyzes the Chinese legal framework relating to the presumption of innocence. Part III discusses some ongoing debates surrounding the presumption of innocence among Chinese academics, i.e., right to silence, illicit enrichment provisions, etc. Part IV explores how the presumption of innocence principle is implemented in Chinese criminal justice practice and identifies some contributing factors for the poor implementation.  Part V concludes the paper with some proposed reforms on better implementing the principle of the presumption of innocence in China. It also points out the emerging new challenges brought about by the current criminal justice reforms.