====== wú zuì tuī dìng: 无罪推定 - Presumption of Innocence ====== ===== Quick Summary ===== * **Keywords:** wú zuì tuī dìng, 无罪推定, presumption of innocence in Chinese, Chinese legal system, innocent until proven guilty Chinese, Chinese law, legal terms in Chinese, judicial reform China, criminal procedure law. * **Summary:** **无罪推定 (wú zuì tuī dìng)** is the formal Chinese legal term for the **"presumption of innocence,"** the principle that a person is considered innocent until proven guilty. A cornerstone of modern justice systems, this concept is crucial for understanding China's evolving legal framework, particularly its Criminal Procedure Law. While it is a standard in courtrooms and legal discussions, its application and public perception can differ from Western contexts, offering a fascinating insight into the interplay between law and culture in modern China. ===== Core Meaning ===== * **Pinyin (with tone marks):** wú zuì tuī dìng * **Part of Speech:** Noun (Legal Principle/Phrase) * **HSK Level:** N/A * **Concise Definition:** The legal principle that a criminal defendant is not considered guilty until their guilt has been proven beyond a reasonable doubt. * **In a Nutshell:** "Wú zuì tuī dìng" is the Chinese equivalent of "innocent until proven guilty." It's a formal, technical term you would hear in a courtroom or on the news, not in everyday conversation. It places the burden of proof squarely on the prosecution and establishes a defendant's right to be treated as innocent throughout the legal process until a final verdict is reached. ===== Character Breakdown ===== * **无 (wú):** A common character meaning "no," "without," or "not having." * **罪 (zuì):** Means "crime," "guilt," or "sin." It's the same character in 犯罪 (fànzuì), "to commit a crime." * **推 (tuī):** While it can mean "to push," here it carries the meaning of "to infer," "to deduce," or "to reason." * **定 (dìng):** Means "to determine," "to decide," or "to fix." When combined, **无罪 (wú zuì)** means "without guilt" or "innocent." **推定 (tuī dìng)** means "to presume" or "to infer and determine." Together, **无罪推定 (wú zuì tuī dìng)** literally translates to "presumed to be without guilt," perfectly capturing the essence of the "presumption of innocence." ===== Cultural Context and Significance ===== The concept of **无罪推定** is a relatively recent and significant development in the Chinese legal system, formally adopted into the Criminal Procedure Law in 1996. Its adoption marks a major step towards aligning China's judiciary with international legal standards. Historically, Chinese legal tradition, heavily influenced by Legalism (法家 fǎjiā), often operated on a de facto **presumption of guilt**. The focus was on maintaining social order and extracting confessions, and an individual being formally accused already carried a heavy stigma and implication of guilt. The burden was often on the accused to prove their innocence. In contrast, the **presumption of innocence** is a foundational principle of Western common law, deeply ingrained in the public consciousness (e.g., in the United States and the United Kingdom). While China now has **无罪推定** on the books, a cultural gap can sometimes exist between the legal ideal and societal perception. In high-profile cases, media coverage and public opinion (舆论 yúlùn) can sometimes treat a suspect as guilty before a trial is concluded. Therefore, understanding **无罪推定** is not just about knowing a legal term; it's about recognizing the ongoing effort within China to foster a legal culture of fairness and protect individual rights against the weight of the state and public opinion. ===== Practical Usage in Modern China ===== This term is almost exclusively used in formal and professional contexts. * **In the Legal System:** This is its primary home. Lawyers, judges, and prosecutors use it constantly in legal arguments, briefs, and judgments. It is the theoretical bedrock of a fair criminal defense. * **In News and Media:** Journalists and legal commentators use **无罪推定** when reporting on criminal cases, especially to emphasize that a suspect (嫌疑人 xiányírén) should not be referred to as a criminal (罪犯 zuìfàn) before a conviction. * **In Academic and Political Discourse:** Scholars and officials discuss the implementation and challenges of **无罪推定** as a measure of China's judicial progress and rule of law (法治 fǎzhì). You will very rarely hear this term in casual, everyday conversation. Using it to argue about who ate the last piece of cake would be seen as humorous and overly dramatic. ===== Example Sentences ===== * **Example 1:** * 律师在法庭上反复强调**无罪推定**的原则。 * Pinyin: Lǜshī zài fǎtíng shàng fǎnfù qiángdiào **wú zuì tuī dìng** de yuánzé. * English: The lawyer repeatedly emphasized the principle of the presumption of innocence in court. * Analysis: This is a classic, standard usage of the term in its natural legal context. * **Example 2:** * 根据**无罪推定**,在法院判决前,我们不应称他为罪犯。 * Pinyin: Gēnjù **wú zuì tuī dìng**, zài fǎyuàn pànjué qián, wǒmen bù yìng chēng tā wèi zuìfàn. * English: According to the presumption of innocence, we should not call him a criminal before the court has passed judgment. * Analysis: This sentence highlights the practical implication of the principle, often used by media or in public discussions to encourage fairness. * **Example 3:** * **无罪推定**是现代刑事诉讼法的基石之一。 * Pinyin: **Wú zuì tuī dìng** shì xiàndài xíngshì sùsòng fǎ de jīshí zhī yī. * English: The presumption of innocence is one of the cornerstones of modern criminal procedure law. * Analysis: An academic or formal statement about the importance of the concept. * **Example 4:** * 检方的责任是提供足够证据来推翻**无罪推定**。 * Pinyin: Jiǎnfāng de zérèn shì tígōng zúgòu zhèngjù lái tuīfān **wú zuì tuī dìng**. * English: The prosecution's responsibility is to provide sufficient evidence to overturn the presumption of innocence. * Analysis: This sentence clearly explains the legal dynamic: the presumption stands until the prosecution actively disproves it. * **Example 5:** * 媒体的审判对实现**无罪推定**构成了巨大挑战。 * Pinyin: Méitǐ de shěnpàn duì shíxiàn **wú zuì tuī dìng** gòuchéngle jùdà tiǎozhàn. * English: Trial by media poses a huge challenge to realizing the presumption of innocence. * Analysis: This sentence touches upon the cultural context of public opinion vs. legal principle. * **Example 6:** * 每一位公民都应享有**无罪推定**的权利。 * Pinyin: Měi yī wèi gōngmín dōu yīng xiǎngyǒu **wú zuì tuī dìng** de quánlì. * English: Every citizen should enjoy the right to the presumption of innocence. * Analysis: Frames the concept as a fundamental right. * **Example 7:** * 如果证据不足,法官必须坚持**无罪推定**并宣判被告无罪。 * Pinyin: Rúguǒ zhèngjù bùzú, fǎguān bìxū jiānchí **wú zuì tuī dìng** bìng xuānpàn bèigào wúzuì. * English: If the evidence is insufficient, the judge must uphold the presumption of innocence and acquit the defendant. * Analysis: Connects the principle directly to the outcome of a trial (acquittal). * **Example 8:** * 这个案件的争议点在于警方是否在调查初期遵守了**无罪推定**。 * Pinyin: Zhège ànjiàn de zhēngyì diǎn zàiyú jǐngfāng shìfǒu zài diàochá chūqī zūnshǒule **wú zuì tuī dìng**. * English: The point of controversy in this case is whether the police adhered to the presumption of innocence during the initial investigation. * Analysis: Shows how the principle applies not just in court, but throughout the entire legal process. * **Example 9:** * 他相信司法系统,并希望法庭能给他一个基于**无罪推定**的公正审判。 * Pinyin: Tā xiāngxìn sīfǎ xìtǒng, bìng xīwàng fǎtíng néng gěi tā yīgè jīyú **wú zuì tuī dìng** de gōngzhèng shěnpàn. * English: He believes in the justice system and hopes the court can give him a fair trial based on the presumption of innocence. * Analysis: A sentence from the perspective of the accused, showing what the principle means to them. * **Example 10:** * 学习法律的学生必须首先理解**无罪推定**的重要性。 * Pinyin: Xuéxí fǎlǜ de xuéshēng bìxū shǒuxiān lǐjiě **wú zuì tuī dìng** de zhòngyào xìng. * English: Law students must first understand the importance of the presumption of innocence. * Analysis: A sentence from an educational context. ===== Nuances and Common Mistakes ===== * **Mistake 1: Overly Casual Usage.** * A common error for learners is to take a formal term and use it in an informal setting. You wouldn't use **无罪推定** to settle a minor argument with friends or family. It's not a general-purpose phrase for "don't blame me." * **Incorrect:** `你不能因为我最后离开厨房就说我吃了饼干,要讲**无罪推定**!` (Nǐ bùnéng yīnwèi wǒ zuìhòu líkāi chúfáng jiù shuō wǒ chīle bǐnggān, yào jiǎng **wú zuì tuī dìng**!) - "You can't say I ate the cookie just because I was the last one to leave the kitchen, you have to apply the presumption of innocence!" * **Why it's wrong:** While grammatically correct, it's socially awkward and jarring. It's like citing the constitution during a board game. A more natural phrase would be `你又没证据!(Nǐ yòu méi zhèngjù!)` - "You don't have any proof!" * **Nuance: Legal Ideal vs. Social Reality.** * Don't assume that because the term exists, it functions identically to how "innocent until proven guilty" does in your home country. As mentioned in the cultural context, public perception and institutional practice in China are still evolving. Understanding this gap is key to a deeper understanding of the Chinese legal environment. It's a guiding principle and a legal goal, but not always a perfectly reflected reality. ===== Related Terms and Concepts ===== * **[[有罪推定]] (yǒu zuì tuī dìng)** - Presumption of Guilt. The direct antonym and the historical default that 无罪推定 aims to correct. * **[[疑罪从无]] (yí zuì cóng wú)** - A closely related principle meaning "acquit when guilt is in doubt." If the evidence is shaky, the verdict should be "not guilty." This is a practical application of the presumption of innocence. * **[[嫌疑人]] (xiányírén)** - (Criminal) Suspect. The person to whom the presumption of innocence applies before a verdict is reached. * **[[被告]] (bèigào)** - Defendant; The Accused. The legal term for the suspect during the trial phase. * **[[证据]] (zhèngjù)** - Evidence. The facts and materials used by the prosecution to overcome the presumption of innocence. * **[[司法公正]] (sīfǎ gōngzhèng)** - Judicial Justice/Fairness. The broader goal that the principle of 无罪推定 serves to achieve. * **[[法治]] (fǎzhì)** - Rule of Law. The concept of a society governed by law, a core idea in China's modern development, of which 无罪推定 is a component. * **[[律师]] (lǜshī)** - Lawyer. The professional whose job it is to defend the accused and ensure principles like 无罪推定 are upheld. * **[[法庭]] (fǎtíng)** - Court; Courtroom. The physical and institutional setting where this principle is applied. * **[[判决]] (pànjué)** - Verdict; (Court) Judgment. The final decision that either upholds or overturns the initial presumption of innocence.