Elementary Research To The Privilege Of Silent Right In Country

Along with the litigation democratization and scientific development, whether should the problem of the silent right be established in our country code of criminal court has caused the concern of the law researching area. In October of 1998, our country signed to join 《International Convention Of Citizen Right And Political Right Of the United Nations》 , in the convention ,the 14^th regulation rules says:"The person whom suffer torture matter pursue for cannot be forced to prove himself guilty". This is the principle that anyone is not summit be forced from the his offense in certificate. Be used as the extension of this principle with guarantees in a specific way one of the measures, many nations have ruled the silent right in pertaining to crime procedure. In August of 2000, the Peoples' Procurator ale of Shuncheng District in Fushun City of Liaoning province released the lord of 《Rule of Tells the Public Prosecutor Without Statement》 , allowing the suspect person in crime has the right to keep silent when being interrogated, this is dispute already a long time silent right first time at our country judicial regulation. Soon after that, Shenyang City, Jinzhou District in Dalian City of Liaoning province judicatory, public security official's organization also all led into the silent right one after another in handle a case process. Recently, retired in China judicatory, public security official's organization quote from several decades of frankly from the breadth, resist from strictly" of warnings from the police interrogate room. The two issues arose thousands layer wave, the silent right in much more silent year in our country system again contain new issue.The full text from Summary of the silent right; Augment about whether the silent right should be established in our country; Analysis of whether the silent right should be established in our country, Speculation of establishing the silent right in our country Comparison。 The silent right traces to origins; Concept, meaning and its law results of the silent right ; Necessity of establishing the silent right in our country. Including eight aspects totally; Possibility of establishing the silent right in our country. Including five aspects totally Comparison, Deliet should be the silent right should be limited established in our country.