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刑事推定关乎犯罪相关要素的表达与认定,在具体犯罪的适用存在一定的法理局限和具体操作难度。对其法理基础的辨明、具体适用的解构与适用限制的辨析,可助于建构其法理价值与具体适用之间的内在张力,并以之回应其在犯罪界定的具体功能与内涵表达。
The criminal presumption is related to the expression and determination of the relevant elements of crime. There are certain legal limitations and specific operational difficulties in the application of specific crimes. The identification of its legal basis, the deconstruction of its specific application and the analysis of applicable limitations can help construct the inherent tension between its legal value and its specific application and respond to its specific functions and connotations as defined in the crime.