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清代没有无罪推定的法律思想与法律原则,嫌犯往往处于须自行举证的倒置状态,而官方对嫌犯,也通常是预设其“有辜”清雍正年间,湖北麻城县发生了一起不可思议的冤案:“杀人犯”即将伏法,其被指控杀害的对象,却突然归来。这一切,详见清人袁枚所作《书麻城狱》。先是,麻城人涂如松与妻杨氏不合,一天杨氏忽不知去向,其弟杨五荣疑心是如松杀之,四处访问。无赖赵当儿称听过如松杀妻的事,五荣遂拉之赴县衙告状。但没证据,案不能兴。此
The Qing Dynasty did not presume the legal concept of presumption of innocence and the principle of law, the suspects are often in the inverted state of their own burden of proof, and the official suspects, but also usually presupposed its “innocent” during the Qing Emperor Yongzheng, Macheng County, Hubei Province together Incredible injustice: “Murderer” is about to volt, the object of his alleged killings, but suddenly returned. All this, see the Qing Yuan Mei made “book Ma City Prison.” First, Ma Shuren Tu Rousong and his wife Young’s different, one day Yang suddenly disappear, his brother Yang Wurong suspense is such as loose and kill, around to visit. Rogue Zhao said when he heard something like a wife and wife, Wu Rong then went to the prefectural office. But no evidence, the case can not be rekindled. this