Research On The Principles Of Avoiding The Unwilling Self-incrimination

On Dec.16th, 1966, the 21st UN General Assembly passed the《International Covenants of Civil Rights and Political Rights》(called Convention as follows) by 106 positive votes(no veto vote). The article 14 stipulated the fair jurisdiction in a more overall way, prescribed the basic requirements to the Signatory States in the judicial procedures, section 3(g) requires no unwilling testimony or forced to plead guilty, this principle is the important rule in modern country---that no one will suffer unwilling self-incrimination. This principle derived from the British Common Laws, now generally being regarded as the basic spirit of fair judgment, which only relates to defendant, but if the testimony may lead to self-incrimination, the witness can also refuse to make testimony.The principles ensure no one forced to make self-incrimination is the crucial part of a modern judiciary country under the rule of law, which is the basis that enable the suspects and defendants to really possess the right of vindication. The admittance of this principle and its implement safeguard mechanism not only incarnate the selective attitude of litigation value of a nation when it violates the true entity and proper procedure, criminal control and human rights protection, but also reflect the suspect and defendant 's human rights condition which indicate the civilization and progressive degree pertaining to crime litigation. Though many international law documents granted by UN regard the freedom of self-incrimination and the right to silence as the defendant's lowest limit guarantee, which has been confirmed and implemented by many countries, but due to the discrepancy in the lawsuit tradition and value in the different nation, so the way of realizing this principle can be various. The judicial law in our nation stipulates that the extract confession with force, threaten, lure, cheat and other illegal method to collect evidence are severely forbidden, the activities of above mentioned defined as crime in constitution, expressed an our country to force citizen from the certificate its criminal acts for hold scathing negation attitude, also express our country pertaining to crime legal system in already body now anyone be free from to force from the basic spirit of the certificate its offense principle. These provisions are United Nations which sign to join on October 5th, 1998 with our country《International Covenants of Civil Rights and Political Rights》article 14's(3)(g) request of the provision mutually fits together. The code of criminal court of China is the main law which guarantees fair judicature and saw be the request which basically matched the Convention article 14 from the lawmaking total spirit of, but still needed to pass the related provision of modification code of criminal court to make on some concrete systems our country local method top concerning fair judicature of the procedure guarantee attain the level of convention request. The author suggests that before grant convention, should according to the request of this, to our country the current code of criminal court make to express a mutually consistent modification the related articles to ensure the same statement in the Convention, especially clearly erect that no one will suffer unwilling self-incrimination and the system of the right to silence in our judicial law.In addition, the value choice has to be had a foothold in realistic of social basal angle to consider, because anyone is free from to force to involve the deep factor of the litigation principle, litigation value, etc. From the certificate, its offense principle, as a result, only has along with and this is related system of gradually build up with perfect influence for also changing and influence imperceptibly in the society creation from here, anyone is free from to force from the certificate its offense principle would because existence with it mutually harmonious system environment and social foundation but exertive it should have of function. Owing to this, code of criminal court in our country educational circles to anyone be free from to force from the certificate its offense principle and this closely-related and silent power rule of the research should change direction a concrete guarantee as soon as possible system of setting up to come up, have a foothold in our country of state of the nation, as soon as possible sound pertaining to crime judicial system, to the litigation procedure of each stage adjust with perfect, establish silent power rule, thus in order to carry out anyone to be free from to force to provide more complete procedure guarantee from the certificate its offense's principle, then and quickly push our country approval《International Convention of Citizen Right and Political Right》of progress, make our country of the human rights guarantee system be getting more perfect, soon carry out our country wants to construct to become a socialism country under the rule of law of grand target.This essay starts from the protection of the human rights, thoroughly exploring the"the privileges against self-incrimination"in four parts: The part one mainly discussing the history of the privileges, first start with the introduction of its origin and development, including the related foreign theories and legislation, the next part briefing the its status. The part two mainly study the connotation of the disciplines which contain the following three points, one is the right of no forceful confession, next is the right to silence, the last one is the freedom to confess. The third part mainly research on the value and meaning of the privileges against self-incrimination which facilitate the protection of human rights, especially the legal interests of the suspect and the defendant. Second conducive to the realization of the proceeding, boost up the defensive power of the suspect and the defendant which could put the both sides on an equal position. The third one is prevent inquisition by torture, which enable the justice department to execute the law in a civil way. The part four is mainly discussing the construction of the system of the privileges against self-incrimination in our nation, and the need and feasibility of its establishment. secondly explore the procedure protection ,then come to the conclusion that we must radiate these privileges and the corresponding laws in the Criminal Law as soon as possible, which will conducive to the perfection of the Criminal Law and speed up the progress of building a rule-of-law socialist country.