摘要
最近全国人大审议通过的《中华人民共和国刑事诉讼法修正案》首次将"反对强迫自证其罪"作为原则写入我国的刑事诉讼法律。我们通过探析该原则的立法本意,进而分析其在中国政治哲学基础的缺失,再结合相关制度以及程序正义与实体正义的观念,分析其在中国司法实践中可能面临的困境。
The Amendment of the Criminal Procedure Law of the People＇s Republic of China recently has taken the principle of ＂struggle against compelled self-incrimination＂ into criminal procedure laws for the first time. We have tried to analyze the legislative intent of the principle and discussed the lack of the foundation of political philosophy in China. Finally, we have argued the possible dilemma that may be faced when this principle would be taken into the judicial practice. In this argument, we have combined the principle with some related systems and the concepts of substantive justice and procedural justice.
关键词
自我保护
沉默权
程序正义
Self-preservation
Privilege of Silence
Procedural Justice
