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Research On The Privilege Against Self-incrimination

Posted on:2013-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:H W WangFull Text:PDF
GTID:2246330374989487Subject:Law
Abstract/Summary:PDF Full Text Request
the privilege against self-incrimination is that, in the stage of investigation, examination and prosecution, trial and others in criminal proceedings (except in some special cases), criminal suspects, defendants, witnesses and counsel have the fundamental right of independently deciding whether to offer the words and relevant evidence under the premise of maintaining judicial justice, which may lead to him are punishable by law and relating to the case.This article has redefined the privilege against self-incrimination, and focus on its course of development and theoretical sources in China, also briefly analysis of the privilege against self-incrimination and the right to silence, the right of witness refusing to testify, lawyer’s right of habeas corpus; Then discusses the legal causes and practical obstacles of the present situation of the privilege against self-incrimination in china, dialectically analysis of its theoretical basis and value function in china; Further contemplated its principle status of the Criminal Procedure Law, and develop, modify, abolish its relevant legal provisions of criminal procedure law, such as the presumption of innocence into the constitution, abolished the criminal policy of resistance leading to severely punish, re-cognize legal provision of truthfully answer, and modify terms of testify obligation from the rights and obligations of the angle, implement the rule of lenient punishment to confessor, re-discussion security measures of the privilege against self-incrimination, In order to making contributions to the privilege against self-incrimination in china.
Keywords/Search Tags:the privilege against self-incrimination, truthfullyanswer, the right to silence, inquisition by torture
PDF Full Text Request
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