On the Presumption of Fact and its Standardized Path in Knowledge Determination:Starting from the Judicial Interpretation's Catch-all Provision that Determines Knowledge
Knowledge determination has always been a hard nut to crack in judicial prac-tice,for which judicial interpretation tends to act as concrete specification.Never-theless,judicial interpretations that determine knowledge often include catch-all provisions.At present,there are problems with the application of such provisions by judicial authorities,which may lead to the expansion of knowledge determina-tion.The judicial interpretation that determines knowledge is presumption,among which the catch-all provision is presumption of fact.It can be said that the prob-lem with catch-all provisions is essentially a matter of presumption of fact.It is because of the inherent flawed of presumption of fact that various difficulties arise in the application of catch-all provisions.Hence,we should establish a stand-ardized path for presumption of fact in knowledge determination.On the one hand,the presumption of fact negatively affects the principle of presumption of in-nocence to some extent and its legitimacy is questioned.On the other hand,pre-sumption of fact renders excessive discretionary power to judges and hence its standardization is questioned.To solve these problems we should respond to the legitimacy questioning,that is,searching a new paradigm for the security of de-fendants'rights.Also,we should address the standardization questioning,that is,improving the standardized construction of presumption of fact,specifically inclu-ding the following:clarifying the starting conditions for presumption of fact,clarif-ying the definitive degree of conclusion of presumption of fact,establishing the principle of end-place applicability for presumption of fact,emphasizing the proof standard for basic facts,constructing standardized rules for the accused to refute,and erecting powerful supervising rules for presumption of fact.
criminal presumptionpresumption of factpresumption of lawcriminal intentknowledge
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