On The Establishment Of Silence Right In China's Legal System

The Right to silence, as an important system of criminal proceedings law, has been adopted by most countries. However, the right to silence has two sides, which may protect innocent people and be used by a criminal to avoid judicial punishment at the same time. Britain and America have reformed firstly the system from 1970s, and stipulated a limited use of the right to silence. In fact, the development of the right to silence in western countries takes a repeating and devious route, that is, from " allow no silence" to "allow silence", and now to "allow conditionally", which shows the advancement of proceeding concept and improvement of criminal judicial civilization.The right to silence, as a powerful measure in protecting the legal rights of criminal suspects and the accused, is now being accepted 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 effects to realize the whole value of the right to silence and to serve us.