| The recent modification of Criminal Procedure Law does not include the establishment of the principle of Anti-self-incrimination. However, it does a lot to furtherly protect human rights by improving legal syetem such as evidence system, defense system, investigation measure and so on. Furthermore, this modification increases an expression just like the principle of Anti-self-incrimination. As a generally accepted criterion of international criminal, the principle of Anti-self-incrimination can refelect a country’s attitude towards protecting human rights and the level of the human rights protection. The establishment of this principle in our Criminal Procedure Law is an inevitable trend because of the more improved systems and the signature of international treaty. The auther tries to make analysis of this principle from the following sides, and summarize some ideas about the establishment and implementation of this principle.This article mainly includes four parts, first begin with the origin of the principle of Anti-self-incrimination, and then introduce it’s development in several countries, the confirmation by international documents and it’s theoretical foundation. The second part will discuss the intension of this principle, and do some discrimination between the principle and the right to remain silent, the confession rules or some other related systems. The third part attempts to discuss the positive and negative influence of this principle’s establishment and implementation, and show clearly about it’s necessity and possibility in our country. Then in the fourth part, auther will analysis it’s difficulties, and then discuss how to set up or improve some related legal syetems by the chance of modification of Criminal Procedure Law, so that we can make it be a strong support of the principle building in our country. |
