On The Application Of "Against The Self - Incrimination And Self - Incrimination" In China

Abstract:Against compelled self-incrimination privilege is a general principle in the modern country which is under the rule of law in criminal judicial field, And regarded as a basic right for the criminal suspect and the accused person in criminal proceedings,which is the choice for the people through the baptism of the past and the balance for the value,and reflected people to " protecting human rights "," to achieve national and individual fair balance in the adversarial system of criminal judicial procedures "," to help find the facts of cases "," helps to protect the innocent" and the pursuit of the value,which is consistent of the value orientation in the criminal justice of our country.The operation for the security rules and regulations of against self-incrimination privilege in the criminal lawsuit, usually including:The criminal suspect and the accused person has the right to refuse to answer questions of self incrimination, forbidden to make negative evaluation and inferences for the silent by the criminal suspects and defendants, shall not adopt compulsive means to force the criminal suspects and the accused guilty, the exclusion rule of illegal evidence by the forcing means and so on. Although the fiftieth content of the China’s new " criminal law " add on " no one may be forced to incriminate himself ",which cannot be considered as the empirical that our country clearly established against compelled self-incrimination privilege (due to the rule was put in evidence sections rather than general chapters.which reflecting the content more inclined binding with the illegal evidence exclusion rules and other provisions, thus limiting and regulating the means of evidence by the investigation personnel, inspection personnel and judicial personnel.) However, look at the new content of the " Criminal Procedure Law ",we can see that, the requirements and for the operation of security rules and regulations, can in fact in the each chapter in the " Criminal Procedure Law "as the existing examples. Accordingly, we can say that, against compelled self-incrimination privilege already exists in our country’s criminal procedure, and plays the function for protect the criminal suspects, defendants’rights, and restricting the power of the government.