The Research On "the Privilege Against Self Incrimination" In China

The clause from Amendments to the Criminal Procedure Law that any person shall be compelled to prove his or her guilt has meant it, which the privilege named "Not Be Compelled Self-Incrimination" was established in China. This article used the method of Law Interpretation to explain and analyze "What forced","the subject and the target forced","the object forced","how to deal with confessions obtained from forces ","the need to inform the clause" and other related operational issues under the Law Interpretation way. The purpose is to promote the provision of applicability of justice.Confessions obtained from Violent forced or serious-threat type forced based on Self-handling taken by investigating authorities should be excluded according to the exclusionary rule called illegal evidence. Meanwhile, in order to avoid the clause "Not Be Compelled Self-Incrimination" is invalid and virtual, the so-called voluntary statements obtained from the investigating authorities and the administrative organs should not be used as evidence material in judicial proceedings, although they said is the joint handling of cases and actually the aim is to do detective work. Even if, these statements are used, they must be recreated. Apparently, in this process it cannot be forced people to make a statement,In addition, there is no obligation that the investigator inform the suspect about this provision, but the defender has the right to inform.