On The Application Shall Not Be Forced Self Incrimination In Investigating The Duty Crime

Shall not force the principle of self-incrimination formal writing in the criminal procedure law in our country, marked the our country democracy rule of law construction again took a step forward, to avoid being at the source, to ensure that the procedural justice is no longer an empty slogan. Otherwise mapped out by the principle of legal spirit will affect many aspects of the judicial practice in our country, in the case of duty crime investigation work, how to interpret the context of China "shall not be self-incrimination", and in the process of actual case according to the principle of guidance, ensure the quality and quantity of duty crime investigation case, is each case workers urgent task.Sufficiently protect the basic rights of criminal suspects, defendants, safeguard judicial justice, and shall not be forced to incriminate himself is the provisions of the legislation intention.2004 amendment to the constitution of our country to guarantee citizens’ rights in the specific procedural law after further embodiment; On the other hand, the practice of the principle, combined with the lawyers involved in criminal procedure in advance, make easily master the judiciary against the criminal suspect or the defendant, the shield of escape the legal sanction, in the process of duty crime investigation, some of the suspects often silence rights as an excuse, according to investigators refused to answer questions or fawn, in an attempt to escape the law shall be investigated in such a manner.Thus, deepening the degree of confrontation for both sides, the duty crime investigation personnel to face the dilemma of "zero confession", increasing the difficulty of duty crime investigation work.To this end, we will explore the legislative intention of criminal litigation, the rational to face the challenges of the new points, analysis the situation objectively, grope for response investigating crimes by taking advantage of duty. The author put forward the duty crime investigation personnel should constantly enrich theory knowledge, improve the theory of business literacy; Scientific use surveillance strategy and technical means; Improve criminal suspects confession crime actively encourage system and measures; Perfect change principle applicable range and conditions of sale set seven aspects, such as advice.