On The Realization Of The Principle Of Forced Self - Incrimination In China

The establishment of the privilege against self-incrimination is of great value to the balance between maintaining and ensuring human rights and fight against crime, and for this reason, this principle has become an important legal principle. The principle of the privilege against self-incrimination appears in the procedures exploration of Bri-Ame System countries in criminal justice practice. With the improvement of the privilege self-incrimination in American and some other developed countries, its definition has beyond its old version. No matter in Civil Law countries or in Bri-Ame System countries, the principle has achieved its recognition and become one of the basic rules in criminal procedure among modern countries ruled by law. The Criminal Procedure Law has been revised in 2012. This action means that we have established the status of the principle of the privilege against self-incrimination in criminal procedure law for the first time. Comparing with western countries, we are late in researching the principle of the privilege against self-incrimination and the theory are not mature enough since it is a transplanted law in our country. Based on the focus of dispute, the author start from the definition of the principle of the privilege against self-incrimination, and then analyze its content deeply. On the basis of the comparison of the stipulated content in this principle, the author explains respectively and to figure out difference while seeking common ground. The author intends to settle the problems in legislation and juridical practice, to further realize the principle of privilege against self-incrimination and to protect the human rights in criminal prosecution and the justice of procedure through perfecting the related regulations.