Thoughts On Ten Questions Concerning The Rule Of Right To Keep Silent

The main purpose of this paper is to analyze the Right to Keep Silent, so as to shed light on its justness and rationality. This paper examines 10 aspects of the Right to Keep Silent, 1) pinpointing the differences between the right to keep silent and the right of not being coerced into criminal confession; 2) arguing that the rule of all criminal behavior is made so by statute, the protection of human rights and the equality of the defendant and the plaintiff cannot justify the right to keep silent; 3) noting that the rule of the right to keep silent is lacking in moral foundations, and hence is not compatible with Chinas rules for Criminal Suit Verification and Confession, cannot effectively curb the practices of extorting criminal confessions and is detrimental to the very substance of justice; 4) and lastly refuting the tendency of procedure-centeredness in related discussions about the right to keep silent. On the basis of these foregoing discussions, the paper concludes that: the right to keep silent should not be established in Chinas Criminal Suit Law.