On Our Law May Not Be Compelled To Testify Against Himself Inquiry Principle

The United Nations Civil and Political Rights, the International Covenant on themeaning of self-incrimination principles shall be compelled to exert physical or mentalcoercion, it is that no criminal suspect or defendant confessed voluntary principles.Thecase of the U.S. Federal Constitution Fifth Amendment provides:"No person shall becompelled in any criminal case to act as not conducive to their own witnesses, fairly andSilence, which aims to protect the suspects, the defendant throughout the litigationpreprocess right to remain silent is not constrained by the adverse consequences of"contempt of court". Confession voluntary principles, quite confession voluntaryprinciples and provisions of the fourteenth amendment of the U.S. Constitution’s "dueprocess". At present, the international laws of other countries also have provisions shallnot be compelled to be a witness against himself, principles, and meaning in internationallaw.Our new section50of the Criminal Procedure Law provisions "shall not force anyoneto prove his guilt.", Watching from the ordinance context, extorting confessions by torturemay be carried out by investigators stressed that there is no corresponding legalconsequences of the provisions of power "forced"the restrictive provisions. Essentiallyconfessed voluntary principles, rather than in the amendment of the Constitution of theUnited States not to be compelled self-incrimination privilege, it is no intersection with theright to silence. Therefore, China’s Criminal Procedure Law Article50"shall not forceanyone to prove his guilt," the Criminal Procedure Law Article118obligation to truthfullyanswer "does not contradict. Careful reading of Article50of the new law may not becompelled to the true meaning of self-incrimination, imperative.This paper is divided into three chapters. The first chapter gives an overview of theinternational legal documents "shall be compelled self-incrimination，" the meaning andinterpretation of the European Convention on Human Rights， the Inter-AmericanConvention on Human Rights， the United Nations Civil Rights and Political Rights andthe International Covenant on "international law files，the USA and France and othernational law "shall be compelled self-incrimination" rule connotation. The second chapter of interpretation of law "shall be compelled self-incrimination"meaning50of the new Code of Criminal Procedure "shall not force anyone to prove hisguilt，" the rule is classified as a "confession voluntary， and analyze it with Silenus rightrelationship， from the argument truthfully confessed obligations of law "does notcontradict the point of view of this rule.The third chapter focuses clarify "shall be compelled self-incrimination" relationswith the illegal evidence exclusion rules. Obtained through the evolution of the legal textof the analysis of illegal evidence exclusion rules，the value of the suppression of extortingconfessions by torture， and thus prove the limits of the value of the new terms of Article50of the Code of Criminal Procedure of confessions through torture.