The Application Of Shall Not Force The Self-incrimination Principle In Investigation

"Shall not force the self-incrimination principle " is a modern international society of criminal judicial principle, this principle embodies the basic idea of criminal law in the protection of human rights。"Shall not force the self-incrimination principle " although sometimes become "criminal haven" but more often is to "protect the innocent"。The criminal procedure law should be measured in terms of the punishment of crime and protection of human rights, the overall trend is the emphasis on the punishment of crime to emphasize the protection of human rights。In China, due to many factors of the current high crime rate and the public security investigation means single and lag, criminal legislation to punish crime still tilt。"Shall not be forced to testify against himself "principle has very important significance to curb torture to extract confessions, protection of criminal suspects and the accused person’s human rights。The newly revised "Criminal Procedure Law" established "the privilege against self incrimination", is a great progress in our country’s criminal legislation, but also exposed the deficiencies and defects。The paper focuses on the connotation of the privilege against self-incrimination and elaborates its basic meaning and origin, and analyse the relationship between the privilege against self-incrimination and silence and truthfully statement. At the same time, the paper deeply anOalyses the privilege against self-incrimination of the dilemmas facing in investigation practice. Through the analysis of the investigation of China’s current mode, it shows huge impact that the privilege against self-incrimination brought to our current investigation mode. This article will explore applicable methods of the privilege against self-incrimination in investigations. On the one hand to change detection model, standardize interrogation process and improve questioning skills, on the other hand to strengthen institutional guarantee and the implementation of the exclusionary rule, as well as enhance legitimate rights of lawyer, criminal suspect and defendant.