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The Privilege Against Self-incrimination Research Of Chinese Characteristics

Posted on:2013-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ShenFull Text:PDF
GTID:2246330374482831Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, especially the amendment of criminal procedural law of2011, there is a widely-centered focus in the laws filed and other fields, that is about whether to carry out the Privilege against Self-incrimination in the process of criminal suit.The Privilege against Self-incrimination, as an important content of the system in a modern country ruled by law is the basis of the right to defense which the criminal suspects and the defendants really enjoyed. Whether to confirm this principle and to have established the procedural mechanisms which to achieve them security are not only reflect selection attitude to the value of litigation which are the real entities and proper procedures, crime control and human rights security conflict. But also reflect the level of protection on the criminal suspects and the human rights of accused in law of a State. In March12,2004, the constitution specified by "the state respects and safeguards human rights", the amendment of criminal procedural law in the state provisions respect and safeguard human rights, these indicate that the Chinese government for the attitude of the protection of human right.Although the amended of criminal procedure law, appear "no person can be forced to prove their guilty message, but the author thinks that our country has not truly establish the Privilege against Self-incrimination. Therefore, it is necessary to this principle to make a further exploration, and proposed legislation, so as to gradually establish in our country can not forced to incriminate him principle.This article mainly includes five parts, the first part mainly through "the meaning of this principle","the principle of the subject, scope and content" and "the right of keeping silence and discrimination," three aspects of the Privilege against Self-incrimination is discussed in this paper. The second part of the rightness shall the Privilege against Self-incrimination of the principles and two law countries in the development situation of the paper, and simple discusses the various countries to the privilege of restrictive rules. The third part concretely analyzed the theoretical basis of the privilege and value orientation, further defined the rationality of the existence of this principle. The fourth part analyzed the present legislation in China and discusses the new amendment failed to really provisions in points may not be the Privilege against Self-incrimination; in addition, it also points out the principles established in our country the obstacles. The fifth part first discusses the Privilege against Self-incrimination in the establishment of feasibility, and then puts forward the idea of the principles established in our country; mainly include specific legislation expression, the limit of exception and related facilities design.
Keywords/Search Tags:The Privilege against Self-incrimination, The right of silenceInterrogation
PDF Full Text Request
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