反對強迫自證其罪原則的確立及實現(xiàn)
發(fā)布時間：2018-07-14 21:28
【摘要】：反對強迫自證其罪原則起源于英國，，在幾百年的進程中得到了長足的發(fā)展。隨著國際人權(quán)運動的高漲，反對強迫自證其罪原則不斷被其他國家吸收和借鑒，內(nèi)容得到不斷地充實、完善，最終成為一項國際性刑事訴訟準則，其成為檢驗一個國家人權(quán)保障狀況的重要標準之一。隨著我國法治建設(shè)的不斷發(fā)展和完善，原有的刑事訴訟司法制度已經(jīng)不能完全適應(yīng)司法實踐的需求，因此2012年《刑事訴訟法》首次以立法的方式確立了反對強迫自證其罪原則，其立法的目的是通過限制和制約追訴機關(guān)的行為以達到保障犯罪嫌疑人、被告人供述的自愿性和自主性。這充分表明了我國刑事訴訟法律制度對暴力取證、刑訊逼供等非法取證行為的否定態(tài)度，有利于保障犯罪嫌疑人、被告人的基本人權(quán)，實現(xiàn)公平正義和司法文明。 本文擬從以下幾個方面分析反對強迫自證其罪原則，為其確立和實現(xiàn)提出一些建議：第一部分首先介紹反對強迫自證其罪原則的概念，總結(jié)出反對強迫自證其罪原則的實質(zhì)內(nèi)容——權(quán)利享有主體、義務(wù)保障主體和具體內(nèi)容。第二部分通過考察反對強迫自證其罪原則的淵源和發(fā)展，借鑒西方法治國家的先進經(jīng)驗，為我國反對強迫自證其罪原則的確立和實現(xiàn)提供參照。第三部分介紹反對強迫自證其罪原則的理論基礎(chǔ)和價值追求，為反對強迫自證其罪原則的確立和實現(xiàn)提供理論依據(jù)和制度支撐。第四部分結(jié)合我國刑事司法實踐，介紹反對強迫自證其罪原則與“沉默權(quán)”、“如實供述”義務(wù)和“坦白從寬、抗拒從嚴”刑事政策的關(guān)系，明確反對強迫自證其罪原則在我國刑事司法制度中的法律地位。第五部分介紹反對強迫自證其罪原則的實現(xiàn)途徑。
[Abstract]:The principle of opposing forced self-incrimination originated in England and developed greatly in the course of hundreds of years. With the upsurge of the international human rights movement, the principle of opposing forced self-incrimination has been continuously absorbed and used for reference by other countries, and its content has been constantly enriched and perfected, and has finally become an international criminal procedure standard. It has become one of the important standards to test a country's human rights guarantee. With the continuous development and perfection of the construction of the rule of law in our country, the original judicial system of criminal procedure can no longer fully meet the needs of judicial practice. Therefore, in 2012, the Criminal procedure Law established the principle of opposing forced self-incrimination by way of legislation for the first time. The purpose of its legislation is to protect the voluntary and autonomous confession of criminal suspects and defendants by restricting and restricting the behavior of prosecution organs. This fully shows that the legal system of criminal procedure in our country has a negative attitude towards illegal evidence collection, such as obtaining evidence by violence and extorting confessions by torture, which is conducive to the protection of the basic human rights of suspects and defendants, and the realization of fairness, justice and judicial civilization. This paper analyzes the principle of opposing forced self-incrimination from the following aspects, and puts forward some suggestions for its establishment and realization: the first part introduces the concept of the principle of opposing forced self-incrimination. This paper summarizes the essential content of the principle of opposing forced self-incrimination-the subject of right, the subject of obligation and the concrete content. In the second part, by investigating the origin and development of the principle of opposing forced self-incrimination, the author draws lessons from the advanced experience of western countries ruled by law, and provides a reference for the establishment and realization of the principle of opposing forced self-incrimination in our country. The third part introduces the theoretical basis and value pursuit of the principle of opposing forced self-incrimination, which provides theoretical basis and institutional support for the establishment and realization of the principle of opposing forced self-incrimination. The fourth part introduces the relationship between the principle of opposing forced self-incrimination and the right to silence, the obligation of "truthful confession" and the criminal policy of "leniency and resistance to strict" in combination with the practice of criminal justice in our country. It clearly opposes the legal status of the principle of forced self-incrimination in our criminal justice system. The fifth part introduces the ways to realize the principle of opposing forced self-incrimination.
【學位授予單位】：吉林大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D925.2
本文編號：2123005
[Abstract]:The principle of opposing forced self-incrimination originated in England and developed greatly in the course of hundreds of years. With the upsurge of the international human rights movement, the principle of opposing forced self-incrimination has been continuously absorbed and used for reference by other countries, and its content has been constantly enriched and perfected, and has finally become an international criminal procedure standard. It has become one of the important standards to test a country's human rights guarantee. With the continuous development and perfection of the construction of the rule of law in our country, the original judicial system of criminal procedure can no longer fully meet the needs of judicial practice. Therefore, in 2012, the Criminal procedure Law established the principle of opposing forced self-incrimination by way of legislation for the first time. The purpose of its legislation is to protect the voluntary and autonomous confession of criminal suspects and defendants by restricting and restricting the behavior of prosecution organs. This fully shows that the legal system of criminal procedure in our country has a negative attitude towards illegal evidence collection, such as obtaining evidence by violence and extorting confessions by torture, which is conducive to the protection of the basic human rights of suspects and defendants, and the realization of fairness, justice and judicial civilization. This paper analyzes the principle of opposing forced self-incrimination from the following aspects, and puts forward some suggestions for its establishment and realization: the first part introduces the concept of the principle of opposing forced self-incrimination. This paper summarizes the essential content of the principle of opposing forced self-incrimination-the subject of right, the subject of obligation and the concrete content. In the second part, by investigating the origin and development of the principle of opposing forced self-incrimination, the author draws lessons from the advanced experience of western countries ruled by law, and provides a reference for the establishment and realization of the principle of opposing forced self-incrimination in our country. The third part introduces the theoretical basis and value pursuit of the principle of opposing forced self-incrimination, which provides theoretical basis and institutional support for the establishment and realization of the principle of opposing forced self-incrimination. The fourth part introduces the relationship between the principle of opposing forced self-incrimination and the right to silence, the obligation of "truthful confession" and the criminal policy of "leniency and resistance to strict" in combination with the practice of criminal justice in our country. It clearly opposes the legal status of the principle of forced self-incrimination in our criminal justice system. The fifth part introduces the ways to realize the principle of opposing forced self-incrimination.
【學位授予單位】：吉林大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D925.2
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