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现代刑事诉讼由控诉、辩护、裁判三个基本方面组成,裁判方独立审判,控辩双方通过平等的对抗与辩论达到追求司法公正和程序保障,也就是说,在刑事诉讼中,任何一方都不得也没有义务使对方提供进攻和防御的武器。在这种理念下,任何人不被强迫自证其罪规则也应包涵在无罪推定等保障人权之法的精神之中。因此,本文就不被强迫自证其罪规则的法理依据并结合西方法治国家的相关法律制度进行理论阐述及论证,来探讨应如何将该原则理性地纳入我国刑事诉讼之中。
Modern criminal prosecution consists of three basic aspects: prosecution, defense and referee, and the referee conducts an independent trial. The prosecution and the defense both pursue judicial fairness and procedural safeguards through equal confrontation and debate. That is to say, in criminal proceedings, neither party shall have Nor is it obligated to provide the other party with offensive and defensive weapons. Under this concept, the principle that anyone is not compelled to self-incriminate should also be included in the spirit of presumption of innocence and other human rights laws. Therefore, this article will not be compelled to justify the legal basis of criminal rules and the legal system of the western countries governed by the law to expound and argue, to explore how the principle should be rationally included in China’s criminal proceedings.