The Privilege Against Self-incrimination Localization

The privilege against self-incrimination was born in the common law system and it is from the England. It has been growing in the United States and affect around the world. It was established in the system of law in many countries, and it has been recognized in the relevant legal documents to the United Nations. As an important judicial criterion,it is recognized by modern international. In the field of criminal procedure, the privilege against self-incrimination is internationally recognized as one of the basic principles of the criminal procedure. It is regarded as one of the criminal litigation system of democratic and scientific standards of a country. In 2012,our country revised "Criminal Procedure Law" in the fiftieth "evidence collection" and joined "the privilege against self-incrimination". It has great significance to perfect our criminal procedure system, which indicates that China’s legislative confirmation of the privilege against self-incrimination, it is also shows that our country takes obtaining evidence attitude to inquisition by torture other illegal acts. At the same time,it enhances the degree of civilization of Chinese criminal litigation, the criminal litigation system and international docking one step further, this is a major breakthrough in Chinese legal construction.However, after all, it is the exotic system. After transplanting, due to the lack of practical experience and influenced by the operation environment of domestic original legal system and the internal structure, the privilege against self-incrimination and. May not be compelled self-incrimination and the principle of our criminal law system there have been some conflicts, so that in the course of implementation encountered some obstacles, there has been distortion specification. Through the study of the privilege against self-incrimination localization and analysis shall be forced to meet self-incrimination principles in the process of localization of the obstacle, so this article puts further implement the concept of forced self incrimination.This text has five parts except preface and conclusion.The first part, relationship between the self-incrimination principle of history, and its connotation and the right to silence. First of all, it expounds the origin and development of the forced self incrimination principle. Secondly, the interpretation of the connotation of forced self incrimination. Finally, discusses the relationship between forced self-incrimination and the right to silence.The second part, the litigation value of the privilege against self-incrimination. This part discusses the value of it to the criminal litigation. It confirms that the privilege against self-incrimination is helpful to realize the protection of human rights, realize the balance of prosecution, the realization of procedural justice and the implementation of the principle of presumption of innocence in criminal proceedings.The third part, the privilege against self-incrimination localization. This part first describes that in 2012, China’s "Criminal Procedure Law" established the privilege against self-incrimination principles, and combined with China’s national conditions and legislative status to explain deeper meaning of the privilege against self-incrimination. Secondly, by the academic discussion of the dispute that whether the establishment of the privilege against self incrimination means to establish the right to silence, and give my view on this problem:the establishment of the privilege against self-incrimination does not mean to establish of the right to silence. Again,it analyzes the significance of privilege against self-incrimination to criminal lawsuit. Finally, Analysis of the privilege against self-incrimination principle impact on current situation of judicature in our country.The fourth part, the obstacles of the privilege against self-incrimination in the process of localization. This part mainly discusses it from the legislation aspect and the judicial aspect.The fifth part, the further implement of the concept of the privilege against self-incrimination. This part, based on the fourth part, is mainly to further implement of the concept of the privilege against self-incrimination from the legislation aspect and the judicial aspect.