The Establishment And Implementation Of The Privilege Against Self-incrimination

The privilege against self-incrimination was established in the United Kingdom,it has great development in hundreds of years. With the development of internationalhuman rights, not only the privilege against self-incrimination have been absorbingand learning from the other country, but also the content get constantly enrich andperfect, finely become an international criminal norms.As a generally acceptedcriterion of international criminal, the principle of Anti-self-incrimination can reflecta country’s attitude towards protecting human rights and the level of the humanrights protection. With the continuous development of our country under the rule oflaw construction and improvement of existing criminal lawsuit system has notcompletely meet the need of reality. So in2012on the implementation of the new"criminal procedural law" was first established in legislation the privilege againstself-incrimination, the purpose of legislation is to limit and restrict the behavior ofprosecution by authorities in order to achieve the protection of criminal suspects anddefendants voluntary confession and autonomy, Which fully demonstrates thecriminal legal system in a negative attitude towards illegal forensics violence andextorting confessions by torture, etc, which is conducive to to protect the basichuman rights of criminal suspects and defendants, to achieve fairness and justice andjudicial civilization.The author tries to make analysis of this principle from the following sides, andsummarize some ideas about the establishment and implementation of this principle.The first part, firstly introduces the concept of the privilege againstself-incrimination, summed up the subjects of rights, obligation to safeguard andspecific content. The second part, though the investigation of the origin of theprivilege against self-incrimination and the development of the advanced experienceof western countries under the rule of law, which is to provide reference andimplementation, in order to establish against forced self-incrimination privilege inChina. The third part introduces theoretical basis and value pursuit, as opposed to forced self-incrimination privilege of establishment and implementation providepremise and foundation. The fourth part, according to our country’s criminal judicialpractice, this paper introduces the privilege against self-incrimination and " The rightto silence","Duty to Confess Truthfully” and " the Policy of Leniency to Confessors,Severity to Resisters ", the relationship between explicit content of the privilegeagainst self-incrimination. The fifth part introduces implementation way of theprivilege against self-incrimination.