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Study On The Privilege Of Silence Under China's Explanation

Posted on:2008-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y J KangFull Text:PDF
GTID:2166360215968962Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In recent years,especially since the subsription of "The international convention of civil and political rights "in 1998.There is a widely-centered focus in the laws field and other fields,that is about wether to carry out the Privilege of Silence in the process of criminal suit.There is no consistent attitude towards the Privilege of Silence,some agree to it,some disagree. How should we treat it? Should we carry it on ? It has been a must to study .This essay starts with the definition and developing process of Privilege of Silence,analyzes the reason and resonableness for it to exist in the western society,and then probes into the character value ,and its practicability in China ,finally,concludes that China should carry out the Privilege of Silence.The eassay contains two main parts,the first part consists of one and second chapters,which centers on the definition,developing process,oritentation of values,with a purpose to demonstrate its theoretical reasonableness. The second part covers chapter three and four,which mainly elaborates why the Privilege of Silence doesn't exsist in China and its essentiality,practicability,to prove that it's reasonable to set up the institution of Privilege of Silence and make conclusion China should establish the Privilege of Silence.
Keywords/Search Tags:The Privilege of Silence, oritention of values, necessity, practicability
PDF Full Text Request
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