| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 106 === The purpose of criminal procedure is to discover the truth of the entity through legal procedures. The Division Chief Justice of Judicial Yuan of the Republic of China, No. 178, explains: "The Criminal Procedure Law is a procedural law that determines the specific penal power of the state to discover the truth of the entity and to make the penalty right. It is the purpose of correct exercise." That is to say, the purpose of criminal proceedings is not only to the real discovery of the entity, but also to guarantee the fundamental rights of the defendant in accordance with the legal rules of the legal process. In other words, the main goal is to protect its status and rights of the defendant in order to avoid the suppress or sacrifice of high power. This is the practice of the principle of equality, and derives
the three principles of guaranteeing fundamental human rights, such as "presumption of innocence, self-incrimination, and suspicion of sin." Therefore, our country’s practice of basic human rights emphasizes the concept of human dignity, In addition to the connotation of various international human rights conventions, and the fact that the purpose of criminal proceedings is found in the realities of the entity and the principle of ensuring the rule of law, the standardization and practice of criminal procedure in the Republic of China can be roughly categorized as: "presumption of innocence", "Criminal suspicion is light", "fair and open trial power", "freedom from arbitrary arrest and detention", "the right of litigation without undue delay", "right to defend", "right to question and confrontation", " Human rights protection norms such as the right not to self-incrimination and the right to withdraw from unfair methods, the right to appeal, the principle of "no matter what to do", the "right to equality in litigation", and the "right to claim compensation". Among them, "the right not to self-incrimination and not to be denied by improper methods" is the content of this paper.
The three principles of guaranteeing fundamental human rights in criminal proceedings: "presumption of innocence, self-incrimination, and suspicion of sin" have become the highest guiding principles in criminal proceedings in China, and the protection of "not self-incrimination" Based on the principle of individual liberty protection in the rule of law, the defendant is not the object of litigation but is the subject of the litigation. He has the right to decide whether to exercise the right of defensive defense, and does not succumb to the basic principle that is not conducive to himself. The statement of the fact that the defendant remains silent, refuses to make a statement, or otherwise negatively denies the crime, is the connotation of exercising the right to silence. The principle of "self-incrimination" is derived from the principle of "confession arbitrariness". The protection is absolutely prohibitive of interrogation to practice the legitimate legal principles of criminal proceedings. This is based on the principle of equality.
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