无罪推定具有推定的属性,是不可反驳的法律上的事实推定。无罪推定与客观证明责任的关系是二者都是克服真伪不明的方法,同时,无罪推定本身也转移了证明责任。纯粹的程序正义在刑事诉讼中被认为是正义的,即存在一定的规则,如果规则被遵守,则认为结果是正确的。无罪推定原则也就意味着从程序上尽最大努力仍不能确定有罪时,就假定无罪是合乎正义的。由于客观盖然性以及主观盖然性的客观化约束和倾向,使得无罪推定获得了相当程度的正当化。 The presumption of innocence has a presumptive attribute and is an irrefutable legal factual presumption. The relationship between presumption of innocence and objective burden of proof is that both of them are ways of overcoming the truth or falsehood, while the presumption of innocence itself also shifts the burden of proof. Pure procedural justice is considered as just in criminal proceedings, that is, there are certain rules, and if the rules are observed, the result is correct. The principle of the presumption of innocence also means that it is fair to assume that innocence, when you can not be sure of guilt from your procedural best. Due to the objectivity of objective subjectivity and subjective causation and tendency, the presumption of innocence has been justified to a considerable extent.