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Research On The Privilege Against Self-incrimination

Posted on:2008-12-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:L PengFull Text:PDF
GTID:1116360218461308Subject:Criminal Procedure Law
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The privilege against self-incrimination is a fundamental legal principle not only in criminal procedure but also in other proceedings. It says that no one could be compelled to testify against himself or confess guilt. Although the privilege against self-incrimination is generally accepted by the international society as one of the minimum safeguards for the accused and witness, there are many problems around the privilege needed to be solved. The doctrinal thesis is trying to explore these problems and find a proper way to apply the privilege to China.The doctorial thesis is composed of six chapters.Chapterâ… goes back to the origin and early development of the privilege against self-incrimination. First it describes the backgrounds that the privilege arose on the base of historical material, then points out the factors that make influences on emergance of the privilege.Chapterâ…¡describes the modern development of the privilege in international circumstances and analyzes the trend for development of the privilege in the future. It also points out the limits on the privilege some countries had made.Chapterâ…¢explains the principal rationales for the privilege. It first analyzes the systemic rationales and individual rationales. Then it discusses the arguments against the privileges.Chapterâ…£describes the contents of the privilege. First it analyzes the meaning of the sentence "No one should be compelled to testify against or confess guilt". Second it describes the meaning of the " person ","compelled" and "self-incrimination" . The next is to discuss the scope of the privilege, the types of evidence protected by the privilege. The last turns to the relationship between the privilege and the rights of silence and confrontation.Chapterâ…¤points out the conditions and effects the privilege is invoked and the way and influences on the accused and witness who give up claiming the privilege.Chapterâ…¥is about the application of the privilege in China. First it points out the root of self-incrimination idea in China. Then it analyzes the necessities and possibilities that apply the privilege to China. The next is to discuss the conditions and difficulties if the privilege were applied to China. The last explores the ways of application of the privilege in China.
Keywords/Search Tags:Human rights, compelled, self-incrimination, the accused, witness
PDF Full Text Request
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