| Against forced self-incrimination right in theory and in practice becomes more andmore perfect after it is established in the legislation. After World War II, the right isidentified as a fundamental human right by several international conventions andintercontinental Conventions. The purpose of the right is to balance individual rightsand state power, to protect the justice, to protect the human rights of the persons in theprosecution.China has joined the relevant international conventions, and China isbuilding a country under the rule of law, so we need to think how to establish this right.The thesis is divided into four parts. The first part introduces the definition of the right,the historical origin of the ritht, the constitute and conten of the right, the significance ofthe right, and compares with the related concepts.The second part firstly investigates the right in the common law countries such as theUnited States, Canada, and Australia. Secondly investigates the right in the civil lawcountries such as Germany, Japan, and France. Thirdly investigates the right in China’sHong Kong, Macao and Taiwan. After that, the part describes the revelation in the study.The third part discusses the status quo of the right in China. Firstly, six argumentsdemonstrate the lack of the right in our country. Secondly, the part gives seven hazardsof the right deficiency. Therefore, our country should establish the right in the criminalproceeding.The fourth part gives five suggestions to establish this right. On the one hand, thelegislation must clear this right, on the other hand, place supporting regimes andmeasures to ensure that essentially enjoy the right.On the basis of the collection and research of domestic and foreign research data andresults, the paper discusses the right of our country, and demonstrates the hazards of theright deficiency, after that, the paper gives many suggestions to establish this right.Hopethat this paper is conducive to the reform of the criminal litigation and rule of law. |
