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不得自证己罪原则在行政调查领域的适用,在美国等西方国家,是一个宪法问题。在我国,从长远来看,不得自证己罪原则的适用,包括刑事诉讼领域和行政调查领域,是必然的趋势。在行政调查领域,适用不得自证己罪原则,应当考虑行政法本身的特点,与行政程序中的证据规则配合使用。
The application of the principle of self-inculpatory conviction in the field of administrative investigation is a constitutional issue in the United States and other western countries. In our country, in the long run, it is an inevitable trend that the principle of self-inculpation should not be applied to self-incrimination, including criminal prosecution and administrative investigation. In the field of administrative investigation, the principle of not self-inculpating crimes should be applied. The characteristics of the administrative law itself should be considered and used in conjunction with the rules of evidence in administrative procedures.