The previous article talked about the "principle of evidence adjudication", the "principle of free testimonials", and the "principle of direct speech" as the basic principles of evidence law. You can review 
The principle of presumption of innocence
The principle of presumption of innocence refers to anyone who is suspected of committing a crime or subject to criminal prosecution in criminal proceedings. Anyone who is legally presumed innocent shall be presumed innocent until proven guilty without due process. This principle is also an important principle in criminal procedure jurisprudence. To understand the content of this principle, we can start from two aspects.
In criminal proceedings, the main content of the principle of presumption of innocence includes that the person being prosecuted is legally innocent until he is found guilty by an effective judgment. In the end, only the judicial authority has the power to determine the defendant's guilt, and the judicial authority also needs to go through legal procedures to confirm his guilt.
In the evidence law, the main contents of the principle of presumption of innocence include that the prosecutor bears the burden of proving the defendant's guilt. The person being prosecuted does not bear the burden of proving his innocence in criminal proceedings. The prosecutor must meet the statutory standard of proof to bear the burden of proof.
The academic community has different views on the relationship between the principle of presumption of innocence and the principle of opposing forced self-incrimination . We will not discuss it here.
Our country’s laws do not clearly stipulate the principle of presumption of innocence, but many provisions of the " Criminal Procedure Law " reflect this spirit, such as Article 12 "No one shall be determined to be guilty without a judgment by the People's Court in accordance with the law." Article 51 "Public Prosecution Cases" The burden of proving the guilt of the defendant in a private prosecution case shall be borne by the People's Procuratorate, and the burden of proving the guilt of the defendant in a private prosecution case shall be borne by the private prosecutor. "
Principle of good faith
The principle of good faith includes two aspects: honesty and credit, and its content is more reflected in the field of civil law.
The main content in the field of evidence law is:
Parties and other subjects shall not intentionally make false statements and must fulfill their obligations of truthfulness.
The previous and subsequent behaviors of the parties must be consistent. The professional term is called "estoppel". When people are conducting civil activities and civil litigation, they should be responsible for the various expressions they make with their words, and may not arbitrarily make remarks or actions that negate previous words.
The burden of proof is distributed equally between the parties. In judicial practice, the burden of proof is generally stipulated in advance by the law. However, if there is no provision, the judge must make a reasonable allocation based on the actual situation to reflect fairness and justice.
The parties concerned must fulfill their burden of proof in a timely manner. In litigation activities, there is a time limit for the production of evidence. The parties concerned should fulfill their burden of proof in a timely manner before the expiration of the time limit for producing evidence.
Judges are reasonable Free to testify . The previous article talked about the principle of free testimonials by judges. The principle of good faith in this article also requires judges to be reasonable when free to testify.
The principle of good faith is important in civil litigation activities. Article 13 of the " Civil Procedure Law " stipulates that "civil litigation shall follow the principle of good faith." Some scholars have suggested that this principle should also be included in criminal litigation activities.
Conclusion
Legal principles are very important for a law and have many guiding functions. Everyone should read it frequently and learn it carefully.
