| No one should be compelled to testify against himself or confess guilt, derivedfrom the ancient Latin motto, which is considered as a principle full of exceptions andlegal challenges. Its application is controversial not only in China’s academic circlesbut worldwide. At present, the research on the privilege against self-incrimination isconsiderable scarce in China. Most scholars mentioned the principles when discussedin the right of silence, It makes that this basic principles of criminal proceeding islong-term lack of attention and status in China, and can not play an important role tocurb torture to extract confessions and protect human rights, etc. On March14,2012,the amendment to criminal procedure law made a new regulation that "No one shouldbe compelled to incriminate himself", be regarded as the privilege againstself-incrimination preliminary established in China, but as the generality of thisprovision, it’s a very big disparity from the truly established of the principle. And atpresent there are some inconsistencies between the law and the judicial currentsituation of criminal procedure in China and the implementation of the principle,including truthfully statement obligations, the relevant regulations about the witnessobligation, the Criminal Policy of “Frankly leniency, resist strict” and Confessioncenter socialist in criminal judicial, all of above are conflict with the privilege againstself-incrimination, prevent the principle established in China. Therefore, not only tocomplete the principle of shall not be compelled self-incrimination, but also to solvethe conflicts, including to repeal truthfully statement obligations, to establish the rightof silence and plea bargaining system, to complete the evidence system, in order tocontribute for the principle’s academic research and provide reference data for China’sjudicial reform, and to promote the establishment of the principle in China as soon aspossible. |
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