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Theory against forced self-incrimination privilege

Author: LiangShuang
Tutor: YueLiLing
School: China University of Political Science
Course: Procedural Law
Keywords: Force Self-incrimination Torture The suspect Defendant Witness Protection of human rights
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 113
Quote: 0
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Abstract


Against forced self-incrimination privilege is an important right of individuals in the criminal proceedings, an International Convention on generally accepted principles of human rights. The United Nations Civil and Political Rights International Convention clearly will not be allowed to be forced self-incrimination as a basic protection of human rights of the citizens. In this thesis against forced self-incrimination privilege for the object of study, carried out a systematic study of the relevant issues. This thesis is divided into five parts. The first part of the basis of related concepts Discrimination against forced self-incrimination, the concept of a comprehensive analysis. And analysis of the basic component elements of the privilege to enjoy the subject as well as privileges, the privileges defined. Which detailed the main privileges, forcing the meaning and form, the meaning and form of imputation, against such as made to explain, in order to clear privileges connotation. The second part elaborates against forced self-incrimination privilege of the establishment and development worldwide. First, we described the basic situation of the early stages of the privilege in the United Kingdom, as well as the development and eventually established. Second, a brief overview of the privilege in the United States. Again, is to introduce the development of the privilege in civil law countries, France, Germany and Japan, respectively, were described in detail. Finally on the establishment of the privilege in international documents, and a brief list of some of the privileges of the provisions or spirit of the treaty terms. The third part discusses the theory against forced self-incrimination privilege. In this section, the author mainly according to the context of the privilege to produce the development as a reference, respectively, from the privileges as a natural right, to the legal rights, and then the reality of the rights of the development process based on the analysis of the theoretical basis and the system value of the various stages of . Part IV discusses in detail against forced self-incrimination privilege system difference. First, the analysis of the relationship between privilege and right to silence, described the relationship and difference between the two. Followed on the witness refused to contradictions between the card privileges and forced to testify the right solution. Third, the relationship between the rules of privilege and any confession. Comparison mainly on account of the specific content of the privileges including the right to silence reason why these witnesses refused to permit privileges and the right to voluntary confession, and so on this basis, the rights of the content and its close related systems comparative analysis, the purpose is to better define the privilege to understand the privilege. Part V explores against forced self-incrimination privilege applicable in criminal proceedings in China. First of all, our current state of legislation, privileges contradict the spirit of the place of the Code of Criminal Procedure. Secondly, it is under the consideration of China's national conditions, the author put forward their own ideas for the establishment of our privileges and related systems. The author hopes that through right against forced self-incrimination privilege to the reform of China's Criminal Procedure Law of the field to shallow to help make its own contribution.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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