Legal And The Theory May Not Be Forced To Incriminate Himself

The new revised<the law of the criminal procedure>of the fiftieth provisions:" anyone can not compel self-incriminate guilty",’the privilege against self-incrimination’ that refers to anyone do not use to any means to force self-incrimination and do not provide the evidence to prove himself guilt. It originated from the Roman law "there is no obligations to accuse himself ".we should found and apply to the rule that forced someone to admit himself crimination.In writing this paper,Research methods are used to the comparison and literature analysis method,which defined the privilege against self-incrimination by means of comparison and analysis set forth the rule of the privilege against self-incrimination of the necessity, feasibility and realistic significance, analyzes it related with the legislation, summarizes he application of law and safeguard mechanism.The content of this paper is composed of three chapters, main contents included as follows:In the first chapter,the privilege against self-incrimination is mainly introduced including the meaning, theory of the law and origin, which is made investigation certain restriction, but in order to guarantee human rights,keep within torture limits and maintain social stability.it is necessity, feasibility and the important practical significance to found the law of the ’do not compel self-incrimination’,as shown in the text.In the second chapter, analysis the privilege against self-incrimination and the related system. the privilege against self-incrimination and encourage voluntary confession:’it does not compel self incrimination in the law at the same time, and should encourage voluntary confession. the privilege against self-incrimination and the right of keep silence:the judicial power is limited in the the privilege against self-incrimination, which is a kind of the protection of human rights from the prosecution, the right of keep silence is endowed with the prosecution if that is the confession,which is from the prosecution of himself (herself) against prosecution the protection of human rights of right; At the same time," truthfully answer" denied the criminal suspect whether or not the option of confession in the criminal procedure law,namely denied the right of keep silence. there is flexible space left in the law with breeding ’compel self incrimination’, this kind of regulation is a "legal discount" of the the privilege against self-incrimination,so in order to reach the the privilege against self-incrimination, we shall give the parties "right", the judicial personnel is fundamentally eliminated as various as measures to get the idea of oral confession. the privilege against self-incrimination and curb the torture of illegal evidence, remove and presumption of innocence:the rule of the the privilege against self-incrimination is the most effective way to curb the torture which is to eliminate illegal evidence and carry out the principle of presumption of the innocence.In the third chapter, the privilege against self-incrimination of the scope of application and safeguard mechanism. The person of judicial office change the judicial concepts, reform the current judicial system, make the judicial power, the police power, the procuratorial power separation, to restrain each other and to ensure the judicial independence.In the legislative level:the right of keep silence system is explored and built, suspected crime is actively practiced unprincipled, made the judicial system of the burden of proof perfect the prosecution bears, and finally established the principle of presumption of innocence in our constitutional position, compel self-incriminate is established and improved to get not enough evidence of the effectiveness of confession eliminating rules of law;"truthfully answer" obligation is completely canceled the current prescribed by law,the criminal suspect or defendant lawyer are given silence and the right to offer help.In writing this paper,Research methods are used to the comparison and literature analysis method,which defined the privilege against self-incrimination by means of comparison and analysis set forth the rule of the privilege against self-incrimination of the necessity, feasibility and realistic significance, analyzes it related with the legislation. summarizes he application of law and safeguard mechanism.The content of this paper is composed of three chapters, main contents included as follows:In the first chapter,the privilege against self-incrimination is mainly introduced including the meaning、theory of the law and origin, which is made investigation certain restriction, but in order to guarantee human rights,keep within torture limits and maintain social stability.it is necessity, feasibility and the important practical significance to found the law of the the privilege against self-incrimination,as shown in the text.In the second chapter, analysis the privilege against self-incrimination and the related system. the privilege against self-incrimination and encourage voluntary confession:’it does not compel self incrimination in the law at the same time, and should encourage voluntary confession. the privilege against self-incrimination and the right of keep silence:the judicial power is limited in the the privilege against self-incrimination, which is a kind of the protection of human rights from the prosecution, the right of keep silence is endowed with the prosecution if that is the confession,which is from the prosecution of himself (herself) against prosecution the protection of human rights of right; At the same time," truthfully answer" denied the criminal suspect whether or not the option of confession in the criminal procedure law,namely denied the right of keep silence. there is flexible space left in the law with breeding ’compel self incrimination’, this kind of regulation is a "legal discount" of the the privilege against self-incrimination,so in order to reach the the privilege against self-incrimination, we shall give the parties "right", the judicial personnel is fundamentally eliminated as various as measures to get the idea of oral confession. the privilege against self-incrimination and curb the torture of illegal evidence, remove and presumption of innocence:the rule of the the privilege against self-incrimination is the most effective way to curb the torture which is to eliminate illegal evidence and carry out the principle of presumption of the innocence.In the third chapter,the the privilege against self-incrimination of the scope of application and safeguard mechanism. The person of judicial office change the judicial concepts, reform the current judicial system, make the judicial power, the police power, the procuratorial power separation, to restrain each other and to ensure the judicial independence.In the legislative level:the right of keep silence system is explored and built, suspected crime is actively practiced unprincipled, made the judicial system of the burden of proof perfect the prosecution bears, and finally established the principle of presumption of innocence in our constitutional position, compel self-incriminate is established and improved to get not enough evidence of the effectiveness of confession eliminating rules of law;"truthfully answer" obligation is completely canceled the current prescribed by law,the criminal suspect or defendant lawyer are given silence and the right to offer help.In the system and the specific procession level:to establish and prevent the rule of the piracy, we should establish the system of detects detains the separation; According to the time of the program of the interrogation and the the proceedings of the progress, there are three stages of the process of investigation and interrogation comprehensive regulation in the surveillance, which are in advance, during and after the event,prior to perform the necessary rights to inform obligation, the whole process of the affair interrogation on uninterrupted recording, set up after the violation shall not be forced to incriminate himself legal sanctions mechanism.The application of the law of "the privilege against self-incrimination himself"is a long-term complex practice process, we need to gradually perfect the legal application supporting security mechanism to ensure that the judicial procedure justice, apply the "the privilege against self-incrimination himself" the provisions of the criminal procedure law.