The Application Of The Principle Against Self-incrimination

May not be compelled self-incrimination is an internationally recognized criminalsuspects and defendants in criminal procedural rights, and in some countries may not becompelled self-incrimination even a constitutional principle. With our new Code of CriminalProcedure also not be compelled self-incrimination on the requirements, and arousedwidespread concern. Therefore, how the criminal justice embodied this principle is that wenow need to solve the problem.In this paper,an overview of the problem may not be compelled self-incriminationprinciple,several issues and may not be compelled self-incrimination, and the principlesunderlying the principle against self-incrimination applies shall be compelled in our face,perfect solutions and associated ancillary systems four chapters are discussed.The first chapter shall be compelled self-incrimination principles outlined may not becompelled self-incrimination on the origin and meaning of the principles are discussed, andmay not be compelled self-incrimination principle in our analysis of the legislativebackground. The second chapter discusses several several problems with the principle ofself-incrimination may not be compelled related. Focuses on the principles shall becompelled self-incrimination and " frank resist strict "," Mute"," truthfully answer"relationship between the three. Chapters three and four are the focus of this thesis, the thirdchapter discusses the problem may not be compelled self-incrimination applies in principle inour faces. Analyzes the reasons for the phenomenon of forced self-incrimination exists in ourcountry, followed by analysis of the plight of implementing the principle ofself-incrimination shall be compelled in judicial practice faces. Through the analysis ofdifficulties faced in the fourth chapter presents specific solutions and improve relevantsystems, and also discussed the principle of self-incrimination shall be compelled to limitsituations. In perfect matching system, first identified the need to expand the scope of theprinciple of self-incrimination may not be compelled to administrative procedures. Second,you need to separate investigative powers and custody rights. Third, the investigationprocess to achieve transparency. Fourth, the non-custodial measures as a measure commonlyused in pre-trial. Fifth, the public security organs of the investigation right restrictions. The new Code of Criminal Procedure modifications, will not be compelledself-incrimination into the legal system, so many scholars cheering, that this is the rule oflaw and social development of a milestone. Can not be denied, may not be compelledself-incrimination principle indeed determine the degree of civilization of a country rule oflaw one of the criteria, but also with the goal of establishing the rule of law is consistent, butby the legal doctrine of tion of traditional influence, may not be compelled to be a witness ofits the implementation of crime in our country will certainly encounter various difficulties. Inthis paper, absorption based on the results of previous studies, with their own actual work onthe principle of self-incrimination may not be compelled in our implementation problems andsolutions are analyzed, and make some personal insights, we want to not be compelled totestify incrimination principle contribute to the implementation in our country.