Shall Be Compelled To Be A Witness Against Himself, The Principles Of Law And

The torture as the lingering shadow always shrouded in criminal judicial field. Such as Du PeiWu case, She XiangLin case, Xu gengrongxu case and ZhaoZuoHai case. Many Knowledgeable people continually call that the criminal procedure law should be consummated in a system level. Paying more attention to the protection of the criminal suspectation of the defendant's legal rights as the time as punishing crime in timely and accurately, privilege against self-incrimination is a kind of right to safeguard the legal rights of the criminal suspects and defendants and to make them from unfair treatment. Overview of the foreign countries, most countries reflect the spirit of this privilege by the constitution or other legal form.Some countries directly express privilege against self-incrimination in constitution, such as the United States.Some countries reflect the spirit of the privilege by forming the right of keeping silence, such as Britain. China's current criminal procedure law did not make that regulation, the amendment of criminal procedural law throughing on March14,2012did,but the regulation is a general.This principle in evidence shall be reflected. This paper based on the stem of the torture judicial practice need, through the analysis of privilege against self-incrimination, combing the regulation of two law systems shall not force the main countries to incriminate himself regulation and discussing in detail the necessity and feasibility of introducing privilege against self-incrimination. combining with the guarantee system.