The Fate Of The Privilege Against Self-incrimination In China

The principle can balance the protection of human rights and the punishment of the criminals,the pursuit of case truth and the protection of procedural justice,so a lot of countries have put it in their criminal procedure law,or even in constitution.The privilege against self-incrimination is an exotic system,after it was revised in fiftieth provision of the criminal procedure law in our country in 2012,it has been revised in many documents,such as "on the reform of trial center on criminal lawsuit system of opinion" issued by five Ministries and Commissions,"on comprehensively advancing to the supreme peoples court trial as the center of the implementation of the criminal lawsuit system reform opinions" issued by supreme peoples court.But how does it carry out in practice.No matter how perfect the law provisions is,only when put it to the judicial practice,there is vitality.This article mainly write the application of the principle,the cause analysis,the implement of the principle.From the problems existing in the case,such as the phenomenon of self-incrimination and the truth that illegal evidence isn't ruled out,so it conclude that the principle can't be put into practice.This article want to find the reason why it is difficult to be applied using empirical analysis method,suit the remedy to the case,then this article work for construct the implementation of the principle.From the view of the safeguard the criminal suspect or defendant free state,it should establish the right to silence.From the view of court post-supervision,it should perfect the illegally obtained evidence exclusionary rule.From the view of restricting the investigation organ of power,it should strengthen the supervision of investigation power mechanism.Based on previous research and the practice,this thesis use the case analysis,empirical analysis,literature research,to consider the application of the principle.After the reason analysis,this thesis propose the implementation of the principle,hope that it may has some reference value to the judicial practice.