The Concept of Presumption

Chapter
First Online:
Part of the Masterpieces of Contemporary Jurisprudents in China book series (MCJC)

Abstract

In the city Changsha, in the middle of the night, a man riding a bicycle was checked by a policeman, and be found a naked female that has been dead in the sack from the backseat of the bicycle. The man explained that he saw the sack from a dump, and thought that there are some valuable things and wanted to take it home. He knew nothing about the female corpse. The policeman didn’t believe his “nonsense”, then took the man back to the public security bureau. After a series of “matches”, the man confessed that he had raped and killed the female. But, later in the court, the man withdrew his confession and claimed that he had been tortured.

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References

  1. Allen, Ronald J., et al. 2006. Evidence: Text, Problems, and Cases, 3rd ed, 852, trans. Baosheng Zhang et al. Beijing: Higher Education Press.Google Scholar
  2. Bian, Jianlin (ed.). 2000. Evidence Law. Beijing: China University of Political Science and Law Press.Google Scholar
  3. Chen, Yiyun (ed.). 1991. Study of Evidence, 162–165. Beijing: China Renmin University Press.Google Scholar
  4. Chen, Yiyun (ed.). 2000. Study of Evidence, 2nd ed. Beijing: China Renmin University Press.Google Scholar
  5. Chen, Jierong. 2007. Introduction to Evidence Law, 242. Beijing: China Renmin University Press.Google Scholar
  6. Fan, Chongyi (ed.). 2001. Evidence Law. Beijing: Law Press China.Google Scholar
  7. Garner, Bryan A. (ed.). 1995. A Dictionary of Modern Legal Usage, 2nd ed, 689. Beijing: Law Press China.Google Scholar
  8. Garner, Bryan A. (ed.). 1999. Black’s Law Dictionary, 7th ed, 1203. Eagan: West Group.Google Scholar
  9. He, Jiahong. 2001. On the Presumption of Judicial Proof. Journal of National Procurators College (2).Google Scholar
  10. He, Jiahong (ed.). 2000. Evidence Forum, vol. 1, 7. Beijing: China Procuratorate Press.Google Scholar
  11. He, Jianhong (ed.). 2008. Legal English: American Legal System, 4th ed, 299. Beijing: Law Press China.Google Scholar
  12. He, Jiahong, and Pinxin Liu. 2004. Evidence Law. Beijing: Law Press China.Google Scholar
  13. Long, Zongzhi. 2008. The Concept and Application of Presumptions. Chinese Journal of Law (1).Google Scholar
  14. Luo, Zhufeng (ed.). 1990. The Great Chinese Dictionary, vol. 6, 673. Shanghai: The Great Chinese Dictionary Publishing House.Google Scholar
  15. Smith, John. 1995. Criminal Evidence, 47. London: Sweet & Maxwell Limited.Google Scholar
  16. Waight, P.K., and C.R Williams. 1998. Evidence, Commentary and Materials, 5th ed, 109. Australia: The Law Book Company Limited.Google Scholar
  17. Waltz, Jon. 1983. Criminal Evidence, 2nd ed, 275. Chicago: Nelson-Hall Press.Google Scholar
  18. Wei, Jiang (ed.). 1999. Evidence Law. Beijing: Law Press China.Google Scholar
  19. Wu, Yusu (ed.). 1983. Study of Evidence, 98. Beijing: Qunzhong Publishing House.Google Scholar

Copyright information

© Law Press China and Springer Nature Singapore Pte Ltd. 2018

Authors and Affiliations

  1. 1.School of LawRenmin University of ChinaBeijing, Haidian DistrictChina

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