On The Judicial Application Of The Right To Compel Self-incrimination

Third provisions of the fourteenth paragraph of International Covenant on Civil and Political Rights of the United Nations stipulates,people shall not be forced to state testimonials which are harmful to themselves or be forced to plead guilty in criminal proceedings.This statement is called the privilege against self-incrimination.In the 14th of March,2012,the Amendment to the Criminal Law of the People's Republic of China stipulated the privilege against self-incrimination officially.Article 50 of the criminal procedure law stipulates,it shall be strictly forbidden to extort confessions by torture,collect evidence by threat,enticement,deceit,or force anyone to prove his guilty.While our country cleared the rights of the criminal procedure law,the supporting system and measures which the privilege against self-incrimination established was also adjusted and set up.Since the privilege and relevant systems were established in the criminal procedure law in our country,the implementation of human rights protection in the judicial is promoted,and the scientific development the judicial system is promoted as well.The thesis is composed of four chapters.The author makes a research on the judicial application of the privilege against self-incrimination.The research is especially based on the application in the practice of the duty crime investigation and makes statements with literature research,comparative analysis,empirical analysis and some other methods.Then the thesis summarizes the current situation of the privilege against self-incrimination's application in duty crime investigation practice,such as regulation inquiry,illegal evidence exclusion,defense,criminal proof standard and other supporting systems.The thesis also analyses the existing problems of the privilege's current situation of application,and puts forward countermeasures and suggestions.The author fully recognizes the importance of the privilege against self-incrimination in China's human rights protection.However,in the process of judicial practice,it did not achieve the legislation purpose.As a result,the author had the idea of writing this paper with the expectation of the privilege getting a more scientific development in our country.