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文章根据修改后的《刑事诉讼法》中不得强迫自证其罪规则展开思考,主要分析了三个方面的问题:不得强迫自证其罪与沉默权的差异、如实供述条款与不得强迫自证其罪的矛盾、以及不得强迫自证其罪如何贯彻适用。文章简析不得强迫自证其罪规则的优点和缺陷,以及针对缺陷提出解决措施,对正确理解和适用这条规则有重要意义。
According to the revised “Code of Criminal Procedure”, the article starts with thinking about the rules of forcing self-incrimination, mainly analyzes three aspects: the difference between self-incrimination and right of silence, the true confession clause and the self-incrimination The contradictions of their sins and how they can not be forced to prove their crimes apply. The article does not force the advantages and disadvantages of the rules of self-incrimination, as well as propose solutions to the defects, which is of great significance to the correct understanding and application of this rule.