The Establishment And Application Of Uncompelled Self-incrimination Principle In China

Nowadays, Uncompelled Self-incrimination Principle has been recognized as a principle of Criminal Procedure Law, some countries even set this principle as a rule of Constitution, and this principle is ruled in the International treaties. With the development of legal institutions and civil legal concept, legislation and practice put forward higher requirements on the protection of civil rights. Uncompelled Self-incrimination Principle is one of the changes Criminal Procedure Law increases, which is one of the highlights in the legislation. It not only impromes our country’s legislation, but also provides a theoretical basis and legal basis for protecting human rights and curbing torture. Drawing on the advanced experiences of foreign countries, the author makes a study of law issues of Uncompelled Self-incrimination Principle by application of causal analysis method, comparative analysis method demonstrative analysis method, and valuable analysis method and brings up legally constructive countermeasures.The paper consists of four parts:Part one focuses on the connotation of Uncompelled Self-incrimination Principle. Firstly, the author brings up the meaning of Uncompelled Self-incrimination Principle, then analyzes its content from both the prosecution and the prosecution authorities. Secondly, the author analyzes the application body and the meaning of "forced" and "self-incrimination".Part two focuses on the establishment and practical significance of Uncompelled Self-incrimination Principle in China. First, the author analyzes the establishment from the international treaties and the Criminal Procedure Law. Then the author analyzes this principle’s practical significance from four aspects, for example, the protection of basic human rights, curbing torture, the balance of the prosecution and the defense’s forces and the change in investigation mode.Part three focuses on the applicable plight of Uncompelled Self-incrimination Principle in China. The author analyzes this question from three parts, including the deep-rooted impact of traditional judicial philosophy,"Should truthfully confessed" in conflict with Uncompelled Self-incrimination Principle and the disadvantages of the illegal evidence exclusive rule.Part four focuses on the protection measures to apply Uncompelled Self-incrimination Principle in China from three sides, including developing and strengthening the modern criminal concept, establishing safeguards for the defendants’statements free and perfecting the illegal evidence exclusive rule.The author considers that Uncompelled Self-incrimination Principle is a very important provision, and its application is more important. As a result, we must analyze how to apply and how to ensure the application of this principle in criminal proceedings. This is the key of this dissertation.