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On The Opposition To The Principle Of Forced Self-incrimination Research

Posted on:2010-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:F LiuFull Text:PDF
GTID:2166360302461378Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
It can thus be seen against compulsory self-incrimination in essence, given the suspect, the defendant two rights:a suspect, the defendant a statement as to whether the right to enjoy, free of coercion, is a kind of negative sexual rights; Another is a positive right, that is, the suspect, the defendant as to whether statements and whether or not to provide its own statement is not conducive to the enjoyment of the right to choose.Against compulsory self-incrimination rights are after long-term derived from the contemporary history of criminal proceedings the right to one of the most important rules. Today's society, protection of human rights has become the focus of attention around the world, followed by protection of human rights are continuously enhanced, enriched and perfected.Against compulsory self-incrimination since the end of the 17th century the principle established in the United Kingdom has enjoyed great development. With the development of international human rights movement and the principles contained in the rational factors, making him the principles of the country have been receiving, enriched content, and improve and ultimately become an international criminal norms.With the rule of law in our country's continuous development and improvement of the existing Code of Criminal Procedure, regarding the prohibition of illegal evidence should not have been easy to adapt fully to the provisions of the objective reality of the need to formally establish the principle against compulsory self-incrimination has become increasingly urgent.If the value of selection must be based on the reality of society's basic point of view, against compulsory self-incrimination principles of the design concept of litigation, litigation and other Value much deeper factors, this principle only exist in a harmonious system of aenvironmental and social foundation in order to exert its function to the vitality of its own people's access to certain favored compliance.
Keywords/Search Tags:Forced self-incrimination, Theoretical foundation, Procedural safeguards
PDF Full Text Request
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