Achieve The Right By Informing

The privilege against self-incrimination is the best constitutional principle which can protect human rights in criminal proceeding. The prohibition of forcing any citizen to be a witness against himself is an important principle of modern criminal justice, too. China’s new Law of Criminal Procedure increases "Anyone should not be forced to be a witness against himself" and this rule becomes one of the high points of China’s new Law of Criminal Procedure. The privilege against self-incrimination is not only a method to implement the principle of "philosophies of respecting and guarantying human rights" but also an important constitutional support for criminal suspects and defendants to hold their mainstay status in criminal proceeding. It is even the need of reality to prohibit torture and forced confession safeguard in the judicial justice. The ultimate goal of the privilege against self-incrimination is to respect and protect human rights well while punishing the person who commit a crime. The principle has such important significance for us to improve our criminal law system, protect human rights, in accordance with international standards and so on. Unfortunately, China’s new Law of Criminal Procedure does not explicitly impose on judicial organs the obligation that inform criminal suspects and defendants of the privilege against self-incrimination. In the juridical practice, a large number of criminal suspects and defendants are not aware of the existence of their right against self-incrimination, which leads to a consequence that they can’t actually enjoy the right. As a result, the privilege against self-incrimination is actually some things that does not exist, so the object to protect criminal suspects and defendants’human rights will be difficult to be achieved, either. In order to make sure that all of the persons who subject to criminal prosecution enjoy the privilege against self-incrimination equally and the protection of human rights to a great degree, a unified system of inform by which the public security organs, procuratorates, courts should inform criminal suspects and defendants of the privilege against self-incrimination should be established. This article discusses and analyses the right to be informed with a beginning of introducing and analyzing how the two big legal systems’relational practice of religion legislation about informing the criminal suspects and defendants of the privilege against self-incrimination so that these examples might be of use to improve our system to inform criminal suspects and defendants of relational rights in criminal proceedings further and achieve the purpose of protecting the criminal suspects and defendants’human rights.In addition to the preface and the conclusion, this article is divided into four chapters.The first part gives a view of the privilege against self-incrimination and analyses the positive significance of "anyone should not be forcing to to be a witness against himself" provided by the new Law of Criminal Procedure. Then,On these basis, the issue of the lack of effective system about informing criminal suspects and defendants of relational rights leading to their privilege against self-incrimination lack of institutional protection is raised.The second chapter Clarifies the theoretical issues of the right to be informed through an analysis of its conception. nature, theoretical bases and value.The third part summaries and analyses how the two big legal systems’relational practice of religion legislation about informing the criminal suspects and defendants of the privilege against self-incrimination in order to help us improve our relational System.The fourth part analyzes the reasons for which our Law of Criminal Procedure dose not establish the rule by which inform criminal suspects and defendants of the privilege against self-incrimination and put forward the necessity and strategies to establish the rules about the right to be informed.