Research On The Privilege Against Self-incrimination

On March14,2012, the fifth meeting of the11th National People’s Congress passed the decision of the National People’s Congress on amending the People’s Republic of China criminal procedure law. Before the amendments of the Criminal Procedure Code, miscarriages of justice due to the torture occur frequently, people hate this, if we want to curb torture and illegal evidence collection fundamentally, we need to change and improve the system. Therefore, the new Code of Criminal Procedure increases the provisions that "shall not force anyone to prove his guilty".According to the privilege against self-incrimination, except the suspect voluntarily confess the facts, he can not be forced by the investigating authorities, if the testimonial evidence from torture, it should be excluded. The introduction of this rule is not only able to effectively prevent and combat acts of torture, but also conducive to the interests of justice, and will help protect the legitimate rights of the participants in criminal proceedings. This accords with "respect for and protection of human rights" in the new Criminal Procedure General, clears the intention of the amendments to the Criminal Procedure Code, namely:should be beneficial to ensure the accurate and timely identify the facts of the crime, apply the law correctly,to punish suspects, but also to protect innocent people from criminal prosecution, respect and protect the human rights, to protect procedural rights and other legitimate rights of citizens.The privilege against self-incrimination be included into the new criminal procedure law, which is a kind of progress about the law construction in China and is an important accomplishment in the field of criminal justice reform. The introduction of the rule promotes democracy and progress of criminal suit system in our country. We can not deny the fact that the rules has a certain influence on the procuratorial organs investigate the case, at this background, it is very important that the procuratorial organs need to combine the actual work to the privilege against self-incrimination. This paper combined with working practice, analysis the concept, theoretical basis of the privilege against self-incrimination, analysis the significance that the rules be introduced into the new Code of Criminal Procedure, and analysis the relationship with the right to silence.Besides this paper discusses the application and influence of the rules to theprocuratorial work. At last, this paper try to put forward proposal about how to apply the privilege against self-incrimination to the procuratorial work.