反对强迫自证其罪原则的确立及实现

发布时间：2018-07-14 21:28

【摘要】：反对强迫自证其罪原则起源于英国，，在几百年的进程中得到了长足的发展。随着国际人权运动的高涨，反对强迫自证其罪原则不断被其他国家吸收和借鉴，内容得到不断地充实、完善，最终成为一项国际性刑事诉讼准则，其成为检验一个国家人权保障状况的重要标准之一。随着我国法治建设的不断发展和完善，原有的刑事诉讼司法制度已经不能完全适应司法实践的需求，因此2012年《刑事诉讼法》首次以立法的方式确立了反对强迫自证其罪原则，其立法的目的是通过限制和制约追诉机关的行为以达到保障犯罪嫌疑人、被告人供述的自愿性和自主性。这充分表明了我国刑事诉讼法律制度对暴力取证、刑讯逼供等非法取证行为的否定态度，有利于保障犯罪嫌疑人、被告人的基本人权，实现公平正义和司法文明。本文拟从以下几个方面分析反对强迫自证其罪原则，为其确立和实现提出一些建议：第一部分首先介绍反对强迫自证其罪原则的概念，总结出反对强迫自证其罪原则的实质内容——权利享有主体、义务保障主体和具体内容。第二部分通过考察反对强迫自证其罪原则的渊源和发展，借鉴西方法治国家的先进经验，为我国反对强迫自证其罪原则的确立和实现提供参照。第三部分介绍反对强迫自证其罪原则的理论基础和价值追求，为反对强迫自证其罪原则的确立和实现提供理论依据和制度支撑。第四部分结合我国刑事司法实践，介绍反对强迫自证其罪原则与“沉默权”、“如实供述”义务和“坦白从宽、抗拒从严”刑事政策的关系，明确反对强迫自证其罪原则在我国刑事司法制度中的法律地位。第五部分介绍反对强迫自证其罪原则的实现途径。
[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.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2

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