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The Privilege Against Self-incrimination

Posted on:2015-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:W N GuanFull Text:PDF
GTID:2266330422969581Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The privilege against self-incrimination principle is an important principle in theCriminal Procedure Law. The privilege against self-incrimination in criminal proceedings isnot only an important individual rights, but also as a human being generally recognizedprinciples of international conventions. The legitimate rights of the parties in criminalproceedings (mainly criminal suspects and defendants) have been fully protected, so thatpeople can enhance the power of being prosecuted compete with countries opposed to thestrong judicial power in criminal proceedings. However, China’s legislation on the provisionsof privilege against self-incrimination principle is very limited, which also virtually leavinga hidden danger of the forced self-incrimination. It is the contradiction between this need andshortage led to the current criminal proceedings in the presence of torture, miscarriages ofjustice, so that the power of the privilege against self-incrimination rinciple has not been dueto play, but this contradictions also Laid the foundation for the privilege against self-incrimination principles established in our country. Therefore, China should be given moreattention on the privilege against self-incrimination principle in criminal proceedings, morein-depth research, and to perfect it in the legislative and judicial.Therefore, the article discuss the similarities and differences between the principles andrelated systems and specific applicable circumstances by the meaning of the privilege againstself-incrimination principles and concepts of discrimination, as well as the differentdevelopment status of the May not be compelled incrimination principle from abroad andDomestic, in-depth analysis of the feasibility that the privilege against self-incriminationprinciples established in our country and given full attention on the factors for the disorder.Combined with the China’s legislative requirements of the privilege against self-incrimination and current situation of controversial, the article put forward practical ideas toestablish the privilege against self-incrimination principles under the China’s specificnational conditions.This article is from the theory of the privilege against self-incrimination principle aspects,to introduce the relevant provisions of abroad and the comparison of the relatedsystems, analyzesing the feasibility of the establishment the privilege against self-incrimination principle in our country,After China’s Criminal Procedure Law revise the provisions on the status quo and thedispute of the privilege against self-incrimination has been studied,thus in order to highlightthe important value of the privilege against self-incrimination principle in the CriminalProcedure Law, and proposing the specific measures to establish the privilege against self-incrimination principle really.
Keywords/Search Tags:The privilege against self-incrimination, Right to silence, Shall truthfullyanswer, Exclusionary rule
PDF Full Text Request
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