Research On The Priciple Against Compulsory Self-incrimination

In the criminal procedure, the principle against compulsory self-incrimination is an extremely important legal principle which not only plays an important role in protecting defendants’legitimate rights and interests from violations and guaranting their basic human rights,but also regulateing judicial authority to gain the oral evidence through illegal means. This principle not only reflect selection attitude to the value of litigation which are the substantive justice and procedural justice,crime control and human rights security conflict on a certain period,but also advocates the concept of protecting human rights which definite in their countrys’ law systems.Although the China’s Criminal Procedural Law in2012definites the principle against self—incrimination,but the safeguard measures which make sure that this principle implements effective are not perfected,it’s may lead to the strength of implemention is not enough in the process of judicial practice.This article based on this principle’s historical development,The author put forward some rational advice to perfect this principle and hope that this advice could help to perfect the principle against self—incrimination.This article includs four parts:The first part shows an overview of this principle.First,the author introduces the concept of this principle; Second,he definite this principle’s concept and the difference between this principle and the right to silence and confessional rules.At last,he investigate the theoretical basis of this principle and it’s a powerful theoretical support to form this principle by presumption of innocence and due process of law.The second part introduces this principle’s specific provisions between Two Legal.First,the author introduces the related regulations of this principle among the main countries of Two Legal.Second,Through contrasting the different provisions and point out the similarities and differences between the main countries of Two Legal,the author hopes it could provide reference to perfect our country’s principle against self—incrimination.The third part is principle’s current situation and the problem existed in China.First,the author explain the principle’s current situation.Second, according to the new amendment of China’s Criminal Procedural Law,he lists some conflicts and measures defects between this principle and related regulations.These conflicts and defects influence it value and function,it needs to make a specific perfect measures.The fourth part expounds that it is necessary and reasonable to establish the principle against self—incrimination.Under this premise, the author puts forward some perfect advice.The first,he analyzes that it is necessary and reasonable to establish this in our country,he provides theoretical and practical basis to perfect this principle in our country. Secondly,the auther also suggests setting up a variety of legal systems to match this principle,includeing the balance of the conflict resolution mechanism with specific rules,strenghtening the illegal exclusionary rule and setting up interrogation rights before informing system and so on,to make it perfect in our country.