“不得强迫任何人证实自己有罪”此次被写入刑事诉讼法修正案(草案)中,引起国内外关注。作为我国刑事诉讼法律制度又向国际标准迈进一大步的标志,该条款在有效遏制刑讯逼供问题上也被寄予很高的期望。但是,有关该规范的基本形式和核心内容的问题,或者歧义纷生,或者没有得到重视。从文本整体性和社会性角度来看,该条款在目前的中国不属于基本原则,也不具有原则规范所应有的分量。从欧美司法实践判例来看,“强迫”远远超出刑讯逼供的含义,对其判断的标准在行为角度和口供角度之间转换。 “No one should be compelled to prove himself guilty” This time it was written into the Amendment to the Criminal Procedure Law (draft), arousing domestic and international attention. As a sign that our country’s legal system of criminal procedure takes a big stride toward international standards, this article has also been placed high expectations on effectively curbing the issue of torture. However, questions about the basic form and core content of the code, either with ambiguities or without attention. From the point of view of textual integrity and sociality, the provision in current China is not a basic principle nor does it have the weight that principle norms should have. Judging from the jurisprudence of the judicial practice in Europe and the United States, “Forced ” far exceeds the meaning of torture, and the standard of judgment changes from a behavioral perspective to an oral perspective.