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推定规则的建构是推定研究中的一个重要起点问题,它对于保证正确地适用推定和保障被追诉方权益具有重要意义。立法上规定推定规则受到刑事程序法和实体法两方面理由的规制,并且应当遵循相关的设定原则。我国刑法现存的推定规范并不多,相关推定规则的缺失造成实践中追诉犯罪的困难。应当在借鉴域外有关立法经验的基础上,从多方面来完善我国的刑事推定规则。
The construction of the presumption rule is an important starting point in the presumption research. It is of great significance to ensure the correct application of the presumption and safeguard of the rights of the prosecutor. The legislation prescribes that the presumption rule is regulated by both the criminal procedural law and the substantive law grounds, and should follow the relevant principle of setting. There are not many presumed norms in criminal law in our country. The lack of related presumption rules leads to the difficulty of prosecuting crimes in practice. We should consummate the criminal presumption rules of our country from many aspects on the basis of drawing on the relevant legislative experience outside the territory.