The Silence Right System In The Visual Field Governed By Law Is Studied

Silence right means anyone is to causing one's own body to sink into the guilty question, except that I am voluntary , have the right to refuse to answer , and is suitable for not stating the rule of getting rid of voluntarily . Silence right is a fundamental right that the modern country governed by law sets up for suspect , defendant, it is the important guarantee of the proper procedure of the administration of justice, a lot of countries hold a definite attitude in legislating to the silence right in criminal suit, and protect an independent lawsuit right as suspect , defendant of it. Silence right is the important content of the principle of presumption of innocence. In criminal suit, tell suspect, defendant that reticent right has already become a kind of common understanding of international community. The most outstanding advantage of silence right is to help to prevent extorting a confession by torture, it is a sign of the judicial civilization, it is the inevitable requirement for the justice of the judicial process too. With the further improvement of the social civilization intensity, of our country current criminal procedure law stipulate " refuse right of answering " and " silence right" date that integrate can very much remote yet. This text has divided into seven respects and carried on the discussion to the right system of silence in terms of visual field governed by law: First, the right system summary of silence; Second, the historical evolution of the right system of silence; Third, the theoretical foundation of the right system of silence; Fourth, the content of silence right; Fifth, the quality of silence right in our country's criminal suit chooses; Sixth, silence right is in our country's applicable feasibility; Seven is the construction of reticent right systems of our country...