The Dilemma and Way out of Indubio Pro Reo in Chinese Context: Analysis of Li Huailiang Case ()
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.
Share and Cite:
Sun, Q. (2022) The Dilemma and Way out of Indubio Pro Reo in Chinese Context: Analysis of Li Huailiang Case.
Chinese Studies,
11, 16-29. doi:
10.4236/chnstd.2022.111002.
Cited by
No relevant information.