Analysis On Suitability Of Right To Silence System In China

Right to silence, as an important system of criminal proceedings law, has been adopted by most of countries. However, right to silence has two sides, which may protect innocent people and be used by criminal to avoid judicial punishment at the same time. Britain and America have reformed firstly the system from 1970s, and stipulated a limitation of right to silence. In fact, the development of right to silence in western countries takes a repeating and devious route, that is, "allow no silence-allow silence-allow silence conditionally", which shows the advancement of proceeding concept and improvement of criminal judicial civilization.Right to silence, as a powerful measure in protecting the legal rights of criminal suspect and the accused, is accepting by our country and will be established in law in the end. However, the system contains advantages and disadvantages, it is bias to copy entirely or to deny completely. We should make great efforts in transplanting the right to silence in our country and controlling the negative efforts to realize the whole value of right to silence and to serve us.