The Analysis Of The Transplantation Of The Right To Silence

The right to silence is originated from England under the conflict between the Cannon Law and the Common Law. The purpose of the right to silence is to protect suspects or accused persons from tort. Over the hundred years, the right to silence has been introduced into the criminal procedure systems by many countries. Our country began discussing the right to silence ten years ago. Fortunately, other countries'experience provided so such information for us.The first part of the matter is to put the attitudes of our scholars to the right to silence into three groups. The first group of scholars is of the opinion that the lawmakers should and have to setup the right to silence in our criminal procedure. The second one holds the view that the current social environment of China is quite different from the countries of Common Law so it is not the right time to transplant the right to silence into our criminal procedure system. The third one is under the impression that although the right to silence does not match our current social environment, we can perfect or adjust the criminal procedure system.The current social environment is the key factor, especially the attitude of the public. So in the second part, there is a survey which is intended to make clear that whether the public support the right to silence. After that, the writer analyzed the date to find the reasons. According to the conclusion, the writer suggest that the right to silence is not the necessary part in a criminal procedure system and we should have a definite object in view to improve our criminal procedure system replacing transplanting the right to silence.