The accused is innocent until his is proved to be guilty，this is a common procedural maxim aiming to safeguard human rightS.But then，why do we also adopt such combinations as a public trial and secret decision-making, the combination between public prosecution and private prosecution,the combination between protessional lawyer and amateur juror?IS one combi- nation better than any other? According to Article 125 of the Constitution of P.R.of China，except in special circumstances as specified by law，all cases in the people’s courts are heard in publiC.Cases relating to State secrets, privacy，and minors are tried in secret.
　Prosecution in China regards the public prosecution as primary and the private prosecution as subordinate.Most criminal cases are prosecuted by the People’s Procuratorates，only a small part of cases Stipulated by law Should begin with an individual’s accusation.It is not necessary to specially investigate，and can be directly brought to courts by individuals.This way, people cannot only protect their rights，but also maintain their freedom.The newly amended Criminal Procedural Law(1966.3)prescribes that a person suspected of a crime cannot be considered to be guilty before trial, because he has not been proved guilty.But if a court declares his guilt,he is no longer a criminal suspect but becomes a criminal.This reflects the objective evolution from Innocence to guilt，it is scientific,dialectic,and realistic.
　The protessional detense attorney and amateur jury member’s join the trial as dialectic means.They complement each other and reflect common sense.They minimize the one-sideness，all of which benefits a conviction of a crime and the determination of the penalty.
　A good balance between contradiction and identity may exist in different degrees all around the world.It is the summary of human civilization and historical experiences.The problem is that if it conforms with the condition of a specific country,it is difficult to say which is better than the other；that is to say，it cannot be treated as the Same.

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