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不得强迫自证其罪原则自引入我国以来,渐渐得到学界和社会的公认,并为本次《刑事诉讼法》修改所吸纳。但是,对于其在非刑事领域的适用,尤其是破产程序中债务人如实陈述、提供文件义务与此原则的冲突,尚未引起足够的关注。鉴于此,以实务为思路,借鉴美国法、德国法的解决模式,提出中国法对此问题在解释论上的解决方案,及其在非刑事法领域扩展的前景。
Since the principle of self-incrimination is not forcibly imposed upon our country, it has gradually gained the recognition of the academic community and society and is absorbed by the revision of this Code of Criminal Procedure. However, insufficient attention has been given to its application in the non-criminal field, especially in the insolvency proceedings, in which the debtor truthfully stated that providing documentary obligations in conflict with this principle. In view of this, taking the practical thinking as a reference, we can learn from the solutions of the American and German laws and put forward the solution of the Chinese law on the interpretation of the issue and the prospect of its expansion in the field of non-criminal law.