一、引言无罪推定是现代法治国家普遍承认和确立的一项重要刑事诉讼原则,是国际公约确认和保护的一项基本人权,也是联合国在刑事司法领域制定和推行的最低限度标准之一。依通说,无罪推定指任何人在没有经过法定的司法程序最终确认为有罪之前,在法律上把他看做无罪。一般认为,无罪推定原则最早起源于古代罗马法“有疑,为被告人之利益”的原则。近代的无罪推定思想最早出现于英国习惯法,并为美国宪法及诉讼法所采用。英美法系刑事程序的各个环节如逮捕、羁押与保释、预审、陪审等以及证明责任的 I. INTRODUCTION Innocence presumption is an important principle of criminal procedure universally recognized and established by modern law-governed countries. It is a basic human right affirmed and protected by international conventions and one of the minimum standards formulated and implemented by the United Nations in the field of criminal justice. According to Triton, the presumption of innocence means that any person is legally guilty of innocence until he or she has finally been found guilty of a criminal offense without due process of law. Generally believed that the principle of presumption of innocence originated in the ancient Roman law “doubt, the interests of the defendant ” principle. The concept of presumption of innocence in modern times first appeared in English customary law and was adopted by the U.S. constitution and procedural law. Anglo-American legal system in all aspects of criminal proceedings, such as arrest, detention and bail, pre-trial, jury, etc., and the burden of proof