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China Cannot Forcibly Study The Principle Of Self-incrimination

Posted on:2017-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:S QinFull Text:PDF
GTID:2356330536969823Subject:Law
Abstract/Summary:PDF Full Text Request
The privilege against self-incrimination in the history of the development process,has been widely recognized in many countries and become a criminal judicial principle.In 2012 the "National People's Congress on Amending the criminal procedure law of People's Republic of China" decision fifteenth: "judges,prosecutors and investigators must,in accordance with the legal procedures,the collection can prove the defendant's guilt or innocence and the seriousness of the crime evidence.Prohibited the inquisition by torture and to collect evidence by threat,enticement,deceit and other illegal methods,the privilege against self incrimination." This is a "self incrimination" established in china.However,the current "Criminal Procedure Law" although China made "the privilege against self incrimination" expressions,but due to historical reasons and realistic concept of operation,China in the judicial application of the principle,there is no unified understanding,the corresponding measures are rarely,even if there are also many deficiencies.This topic is based on "the privilege against self incrimination" in the real running situation of China were analyzed and discussed,and combined with foreign experience and understanding of their own suggestions,hope to our country's criminal procedure reform contribution.
Keywords/Search Tags:The privilege against self-incrimination, Right to silence, Shall truthfully answer, Exclusionary rule
PDF Full Text Request
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