Constitutional Legislation Not To Force Certification Himself Crime In China

"The Privilege against Self-incrimination", as an important content of the system in a modern country ruled by law is the basic of the right to defense which the criminal suspects and the defendants really enjoyed. Whether to confirm this principle and to have established the procedural mechanisms which to achieve them security are not only reflect selection attitude to the value of litigation which are the real entities and proper procedures, crime control and human rights security conflict. But also reflect the level of protection on the criminal suspects and the human rights of accused in law of a State. In March 12, 2004, the Tenth National People's Congress of the Second Meeting write"The state respects and safeguards human rights"in the constitution with dignity, So that the effective protection of human rights rose to a high degree of constitutional protection. It indicates that human rights protection in our country is developed to a new boundary. Establishes the human rights provision in the constitution, cause the human rights issues from political issues into effective legal issues.There is no prescript about"The Privilege against Self-incrimination"principle in our country at present so it is still in the exploratory stage. The artist's opinion is that"The Privilege against Self-incrimination"principle couldn't be established by One-step, it need a gradually achieve. And in this paper artist try to make a concrete idea.This article mainly includes four parts, first begin with the origin of the principle about"The Privilege Against Self-incrimination", draw from the experience in national legislation and judicial practice, the second part discuss the Theoretical foundation and its role about the principle about"The Privilege Against Self-incrimination"from the height of the Constitution. The third part discuss the systems which are"The Privilege Against Self-incrimination"related The mainly opinion is in the fourth part, artist will elaborate the Legislative ideas about"The Privilege Against Self-incrimination"To look forward to promoting the constitutional political process for our country.