作为横贯实体法与程序法的主题,刑事推定问题在我国正日益引起司法实务界和法学理论界的广泛兴趣。但是,理论研究中误读、误用推定的情形时有发生,对司法实践危害甚大。对司法部门而言,推定充满了诱惑与困惑,有必要重新认识刑事推定,还推定以本来之面目。 As the subject of transgressive substantive law and procedural law, the problem of criminal presumption in our country is increasingly arousing widespread interest of judicial practitioners and jurisprudential theorists. However, the misunderstanding and misuse of presumptions in theoretical research have occurred from time to time, which is very harmful to judicial practice. For the judiciary, presumption is full of temptation and confusion, it is necessary to re-understand the criminal presumption, but also presumed to be the original face.