The Privilege Against Self-incrimination In Public Rosecution

Six years ago,China's criminal procedure law amended and improved the evidence system,adding the clause“privilege against self-incrimination”.Since then,the principle of not forcing self-incrimination has become a basic principle in China's criminal justice and an important two points in the reform of criminal justice.At the same time,the criminal procedure law also guarantees the practice of the principle of not forcing self-incrimination by establishing the rule of excluding illegal evidence,clarifying the standard of evidence proof and improving the system of obtaining the help of defense lawyers.In practice,since the examination and analysis of evidence is an important part of the public prosecution activities,the public prosecutor will inevitably use the evidence rules to examine and judge the evidence,and the principle of self-incrimination shall not force the public prosecutor to be more rational and prudent in the examination and judgment of evidence.But on the other hand,because the law does not make clear the reasonable exception of this principle,it is possible to be abused,which aggravates the burden of proof of the public prosecutor,and also exacerbates the reality contradiction that the number of cases is small.This article main research shall not force the self-incrimination principles applicable to the activities in the prosecution of the case,to shall not force the basic theory of self-incrimination principle as the foundation,draw lessons from foreign legislative experience,from shall not force the self-incrimination principle of historical development,connotation and value,will have forced self-incrimination principles and silence,truthfully confesses obligation,such as comparative analysis research,and with N city,he actual situation of the procuratorial organ to handle the case as the breakthrough point,clear shall not force the self-incrimination principles established in the criminal procedure law,after the prosecution activities for the specific construction form of the principle,apply the principle of the existing difficulties,at the same time,Combined with new modify the criminal procedure law in 2018 to establish “Pleasure and Punishment Confession System”,clear the system and shall not force the self-incrimination principle,the relationship between exploration through the system design,establish and perfect the procuratorial organs “pre-trial”dominant program,change control,argue both sides relations,extension of the prosecutorial xintiandi,also shall not force the self-incrimination principles in public prosecution activity further apply for favorable opportunity.