目前,理论界在探讨刑事诉讼法再修改问题时对于采纳国外不自证其罪原则已达成共识。本文认为不自证其罪特免权可以作为遏制刑讯逼供行之有效的措施之一,并拟从刑讯逼供与不自证其罪特免权的理论基础出发论证不自证其罪特免权在我国确立的必要性和可行性,以期对刑讯逼供问题提出有效应对之策。 At present, theorists have reached a consensus on the principle of adopting foreign non-self-incrimination when they explore the issue of revising the Criminal Procedure Law. This article argues that not self-incriminating privilege can be used as one of the effective measures to curb the practice of extorting a confession by torture, and it is proposed to prove that it is not self-infringement The necessity and feasibility established in our country with a view to putting forward an effective countermeasure to the issue of the torture of torture.