Constructing The System Of Avoiding The Unwilling Self-incrimination

The Privilege against self-incrimination is an important part of the criminal justice systemof the modern state under the rule of law, the suspect, the defendant can truly enjoy the rightsof the defense based on lies. Whether to confirm the principles and procedures mechanisms toprotect their realization, not only reflect the choice of the value of a country on the real trueand due process in a specific period, control of crime and protection of human rights inconflict litigation attitude, but also reflect a criminal suspects in the country in criminalproceedings, the defendant’s human rights situation and the degree of civilization andprogress of the criminal proceedings.I believe that the increasingly strong desire for the protection of human rights, judicialreform, China’s reform of criminal procedure also needs to procedural fairness and theprotection of human rights as a value-oriented. Since China has in the Criminal ProcedureLaw amendment shall be compelled self-incrimination, showing its feasibility and necessityis not in doubt. However, how in China, reasonable shall be compelled self-incriminationprinciples, how to protect may not be compelled self-incrimination rule in practice, can beachieved may not be compelled to testify against himself, itself the principle of the valuefunction. These are problems to be solved. Therefore, this article intends to examine the basisof the relevant national criminal procedural legislation and judicial practice in other countriesmay not be compelled self-incrimination system and put forward his views on how to buildmay not be compelled self-incrimination system hope that the point of reference value ofChina’s Criminal Procedure Law of the theory and judicial practice.