The Application Of Shall Not Force The Self-incrimination Clause In Taking Evidence Of Drunken Driving Case

Chinese Criminal Procedure Law was taken a wide-range modification in 2012.In particular,the fiftieth article added the clause that people shall not be forced to incriminate himself,which was symboled the formal establishment of the "shall not force self-incrimination".Due to the influence of the traditional culture and the rule of law in our country,Chinese criminal procedure gives more attention to the criminal punishment,however,ignoring the importance of human rights protection.Therefore,the formal establishment of this clause means that a big step is made in the human rights protection.Meanwhile,the mandatory forensics behavior should be reviewed,which exists in the Criminal Law,Criminal Procedure Law,as well as other laws and regulations.Drunk driving was stipulated in Criminal Law in the eighth amendment of Criminal Law in 2011.It signifies that the forensics behavior which used to belong to the system of the administration law is transformed into the scope of criminal law.In addition,the drunk driver will take the rap under these regulations.In the sample of drunk driving cases,there are two methods including blood test and breath test.Among them,blood test doesn't need the counterpart 's initiative cooperation,so it may not have much relationship with this principle yet.However,breath test has its own special place,which needs the counterpart 's initiative cooperation to complete.For this reason,if the investigator enforces the drunk driver to coordinate to breath,it will possibly violate the clause of "shall not force self-incrimination ",and the evidence from this illicit method will be classified into illegal evidence,which should be excluded applying to the "Illegal evidence exclusion rule" of the article 54 th of Criminal Procedure Law.