Analyze The Construction Of Our Country's Right To Silence From Theory And Practice

Right to silence as a specific legal right originated in the United Kingdom, and is nearly four hundred years of history. With the progress of time, the Right to Silence itself has gradually become not only a competent legal system, but also broke the geographical and cultural constraints. Now it has been adopted by the majority of the world's countries, and becomes a judicial norms of international law, embodied in line with characteristics of human Common culture. Chinese legal system is not yet adopted the system of the right to silence, because the history our modern legal system is still a short time,, but with the contents of the Constitution is concerning and amending the protection of human rights, Criminal Procedure Law on the presumption of innocence, due process principles of succession confirmed, about the right to silence should be eqtablished in Chinese legal system or not ,has been growing cause of the dispute. In the debate, everyone on the right to silence of the content, origin and development of the world have not much controversy, the most of dispute about the right to silence in our country is that do it meet with Chinese national conditions or Chinese current legal system. In this article, the author want to show the research and thinking fmr the right to silence through the five arts. The first part is mainly used horizontally Comparative Study of Law, compare all the country's right to silence, to find the same implication of the right to silence. The first part also uses a longitudinal analysis of history, through the right to silence's origin and development of the world, to illustrate the full scope of the right to silence and protection features of human rights, so it has more than the cultural limitations of the broad applicability. The second part is used in the form of lists, covered by the right to silence of the legal value of the note, the majority of the intention is to clarify the legal value of the right to silence system, to prove the right to silence is the same with the purpose of Chinese modern legal system. The third and the fourth part was an investigation about Chinese current judicial work, mainly through some concrete case and some ctatistics of our criminal investigation. From the discourse of the right to silence in our country now, we can see that the main points against the implementation of the right to silence come from the judicial investigation departments. so I tried to make an investigation in my daily work, to illustrate Chinese interrogation of the status quo and the affection of right to silence may be done on the impact of the interrogation. In addition, the anther analyzes Chinese current legal enactment about the right to silence. Part V is the author's points that how to establish a complete system of the right to silence system in our country. Thbough the study of theory and the practice, I believe that the establishment of the right to silence in criminal system is not only a legislative trend in the world, but also an effective measure to resolve our shortcomings in current criminal action. From Chinese current legislative trends, we have set up the foundation of the right to silence. So, we are having the qualifications to establish our legal system of the right to silent.