Ways Of Application Of The "the Privilege Against Self-incrimination"in Chinese Criminal Proceedings

The privilege against self-incrimination has experienced a long time since its establishment and the development process, its important role to safeguard human rights and the restricting public power has been recognized and understood by most countries. They have gradually accepted the principle, and wrote it to the international convention and national legislation. Although each country has its own merits., but its important position in criminal proceedings is undeniable.Recent years, educational world in our country has called for criminal procedure changes continuously, especially for the legislation of The privilege against self-incrimination.After a long waiting, the criminal procedure law of our country finally modified this principles into legislation, is a big step of criminal proceedings in our country, it suggests that our country is gradually moving towards to a legal system which treats protecting human rights as the core.However we also need to know clearly that the criminal procedure law of our country about the privilege against self-incrimination has many loopholes and shortcomings, whether in people’s ideas, or guarantee the implementation of the principle of concrete system, or the whole judicial environment and social environment, we have a very big gap between the developed countries.The principle still needs a long time from the establishment to the real implementation in our country, we need to gradually improve the matched systems.This article mainly divides into four parts, the first part is introduction, first of all, I pointed out that the privilege against self-incrimination has been added to the legislation our country, but because of legislation is still in the primary stage, our country has not established this principle in essence. Then a literature review of the current research situation at home and abroad on the principle, including the origin, theoretical basis,connotation and concrete system design of this principle etc.The second part mainly introduced the our country legislation status of this principle, as well as its application in practice. The latest modification of criminal procedure law of our country added this principle into legislation for the first time, but the imperfection of legislation and the deficiency of supporting system resulted of various difficulties in practice, then put forward the problem which this article researches.The third part mainly examines the continental law system represented by Germany and Anglo-American law system represented by Britain and the United Nations, includes the origin of this principle, establishment and development, further analysis on the international trend of the development of the principle, in which to seek lessons and innovation of system and model that China can draw from.According to the previous part of the research and analysis, the fourth part discussed of Application of the the Privilege against Self-incrimination in Chinese Criminal Proceedings. This principle is not an independent principle, it needs the assist and cooperate from other systems to be truly achieved in China.