The Right Against Self-incrimination

The United Nations "on Civil and Political Rights", third paragraph of ArticleⅩⅣ(g) provides that:In criminal proceedings, it "shall not be compelled to testify against his own testimony or to confess guilt". This statement is called the right against self-incrimination. The right against self-incrimination is an important personal right in criminal action and is generally accepted as an important principles of human rights. At present, the right against self-incrimination is regarded as an basic safeguard to ensure defendants' civil rights in criminal action. China has signed the "Civil and Political Rights", and been waiting for its approval. Whether to establish the rights and to establish the protection mechanism for its implementation not only reflects the development of a country's criminal legal system, but also represents the degree of perfection of a country's criminal legal system. Therefore, how to embody the principle of the right against self-incrimination in domestic law is a fact we must face.This thesis is divided into four parts and about 25000 words. Beginning with the concept of the right against self-incrimination, this thesis explores a comprehensive study domestic and abroad on the origion, establishment, development and legislative practice of the right against self-incrimination, analyses the establishment of the right against self-incrimination in China and difficulties concerning this issue, evaluates the necessity and feasibility of the establishment in our country of the right against self-incrimination and proposes the legislative conception and framework for the right.