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Research On The System Of The Right Of Silence

Posted on:2007-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:M X LiuFull Text:PDF
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Refer to the Right to Silence is criminal, was charged with a crime or crimes committed against persons suspected of investigators, prosecutors and judges questioned by the law, the right to remain silent or refuse representation. Right to Silence originated in Britain, are now accepted by many countries. Right to Silence will need the support of the theoretical foundation and practical conditions, such as the principle of the protection of human rights, justice and a presumption of innocence principle, and so forth..The silence power causes the innumerable arguments, opponent thought the silence power system and our country present lawsuit system are photogenic the conflict in the theory, in the practice is more disadvantage than advantage and so on, but the supporter believed, is advantageous to the realization right procedure value, the safeguard human rights, is advantageous to the solution present law unique contradiction, is advantageous to enhancement detective's level and so on. The author believed that, the opponent's reason is not full, some shortcomings may avoid; Introduces the silence power in our country to have its necessity, like extortion of confession by torture, is easy in the practice to appear the injustice, the vacation, the misjudged law case and so on is urgent needs to silence the power, moreover our country has the introduction silence power the feasibility, in the our country present many systems implies "the crime suspect enjoys the certain silence power" the content.Constructs has the Chinese characteristic the silence power system to have to follow the certain principle, like profits from the experience which the foreign silence power system consummates, the establishment has the limit the silence power system, with the judicial interpretation form establishment silence power system, the standard consummation inquires suspect's procedure and system and so on.The master's thesis is divided into five major sections. Right to Silence outlined in the first part of the system, the concept of right to silence, the right to silence the origin, development and the type of right to silence, I believe a more scientific and rational concepts. The second part, dealing with the theoretical basis of Silence and function. The third section focuses on the comparative study of foreign legislation to...
Keywords/Search Tags:Silence power (the Right to Silence), rationale,function, necessity,feasibility
PDF Full Text Request
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