ON Prohibition Of Forced Self-incrimination Principle Applies In China

Prohibit forced to prove himself comes from the ancient Latin motto:"any person who, without the obligation to sue their own", it means that in the course of criminal proceedings, including the reconnaissance phase, the prosecution and trial stages, and may not be compelled to criminal suspects or defendants,frankly witnesses or guilty plea, especially in the reconnaissance phase of the inquiry is not to force them to testify against their own statements. Its substance is not to be compelled to put forward evidence of guilt or pleaded guilty to the inhibition of extorting confessions by torture. Are you sure that the principles and safeguard its implementation procedures mechanisms, not only reflect the attitude of a country in a specific period of time to control crime and protection of human rights in conflict on the real true and due process, litigation value selection, but also reflects a country the suspects in the criminal proceedings, the defendant’s degree of civilization and progress of the situation of human rights and criminal litigation.With the constant sound of the socialist legal system of China’s socialist democratic ideals continue to strengthen the protection of human rights is also more and more attention. It is in such a situation, the criminal justice system also need to make adjustments for the development of the overall situation, the establishment refused to forced self-incrimination principle is precisely this situation urgently requires. For a long time, due to our emphasis on function of national dictatorship authorities crack down on the crime and given little attention to the human rights of the individual defendants, suspects, legislative provisions of the accused, the suspect obligation to truthfully confessed. This is the spirit of the rule of law in our country, and our country to participate in the "International Covenant on Civil and Political Rights" does not match. The newly revised Criminal Procedure Law will prohibit forced to consider themselves incrimination rules into which conforms to the trend of the times. This article is divided into four parts. The first part is the main content of the banned forced self-incrimination principles of connotation and establishment in our country. Banned forced self-incrimination principles require investigation organ ascertain crime, collection in the process of criminal evidence, criminal suspects, defendants should not be forced to provide evidence to prove that he is guilty. The principle to strengthen the criminal suspect or defendant to resist force, to achieve balance of defendant, guarantee of human rights. Issued in March2012in our country’s criminal procedure law has established the rule, marked the criminal procedure law more civilization and democracy. In the second part, mainly expounds the banned forced self-incrimination principles applicable scope. Banned forced self-incrimination applies subject scope of criminal suspects, defendants and witnesses and other natural persons, but legal persons and other organizations not right given by this principle. Applicable range is stated as facts statement could lead to convicted or heavier punishment. Evidence applicable scope is stated that he did with his conviction sentencing evidence in the chain of evidence. ACTS prohibited by including directly or indirectly in the form of physical or psychological pressure, such as torture, threaten, blackmail or the judicial mandatory sanctions, etc. The third part mainly discusses the banned forced self-incrimination principles of operation specification. Mainly from the following several aspects:one is to restrict investigation organ direct control of the criminal suspect time alone. But in the process of the interrogation of a criminal suspect perfect banned forced self-incrimination principles inform program. Limit to the interrogation of criminal suspects or defendants and banned interrogation at night time. Monitor and control trial.3it is safeguard the criminal suspect in custody right of meeting and communication. Four is to the accused person custody management by independent of prosecution organ functions.5it is violation of banned forced self-incrimination principle out of the income statement. In the fourth part, mainly discusses the banned forced self-incrimination form a complete set of rules. Including notification rules before ask, pre-trial phase accept criminal suspects statements of procedure and evidence system. For the perfection of the system still need legal workers in practice, based on the idea of respect and safeguard human rights, based on facts and take law as the criterion, will China’s legal process further forward.