Construction Of The Right To Silent In The Detection System For Interrogation Of China

In a modern country which ruled by law,the right to silence is a basic human rights to the suspect.The international community has reached a consensus and common maintenance and stressed it.At present,the detection system for interrogation is flawed.In practice,the phenomenon of trespass against suspect's dignity and health,even the right life still exists.In the detection system for interrogation established the right to remain silent,help to promote the democratization of the criminal litigation system and found the truth,fight against crime.In particular,the right to remain silent for a system could achieve a just for process,balance legal structure,as well as suppression confessions by torture.Investigation existing laws and judicial practice in china, established the right to silence have been legal basis and basis of practice.As a result,established the right to remain silent during the detection system for interrogation is practical feasibility.In the detection system for interrogation established the right to remain silent must adhere to people-centered concept,and so on. Stipulate the subject,object,power,the scope of application and a series of specific content.At the same time,based on the reality of our country, we should set up restrictions and protection mechanisms on the right to silence.