Research On The Privilege Against Self-incrimination System Of China

The privilege against self-incrimination originated in British law, and then gotimprovement and development in other countries. There are different statements onthe privilege against self-incrimination, but the statement of the InternationalConvenant on Civil and Political Rights which is established by United Nations hasbeen recognized. Most of the countries ptotect it as a fundamental human rights. Youcould not find the words about privilege against self-incrimination in china’s legalprovisions until the modification of the Code of Criminal Procedure in2012. In thispaper, we study the privilege against self-incrimination in Chinese CriminalProcedure Law.The paper figure out the position of the previlege against self-incrimination inchina after study the difference between chinese and foreign. First, the paper state theregulations in foreign and the origination, connotation and status of it. Second, itintroduce the establishment and understanding of previlege against self-incriminationin china, according to the regulation of china. Last, the text analyze the imperfect ofthe regulations in china, mainly because of there is no favorable legal environment todevelop it.There are some imperfect aspects in the privilege against self-incrimination inChinese Criminal Procedure Law. The legislature added it into the Code of CriminalProcedure in this modification, but it is also imperfect and there is also someproblems. The text expound the problem in the Code of Criminal Procedure fromefive aspects, include the position of the rule, the scope of application, the exceptionsof it, the supporting system and the relationship betweenthe rule againstself-incrimination and truthful statement.The author put forward some improvement suggestions aim to the problem inthe Code of Criminal Procedure. The paper in this part expound the specific path ofthe rule, include the followings: upgrade the rule to the principle, clarify the subjectof rights and the object of protection, stipulate the exceptions of the privilege againstself-incrimination and then establish the right to silence gradually. These aspects must be faced and resolved if we want to establish perfect principle againstself-incrimination. Only solve these problems, we can apply the privilege better inchina.