The Research Of The Criminal Quilt's Right Of Silence And The Problems To The Protection Of Human Rights

Right of silence is one fundamental right of a criminal suspect and the defendant in modern civil suit. Say simply, its essence is to give the criminal suspect and the defendant to the right hushing or declining an answer to cross-examining of judiciary personnel. Since this system comes into being, domestic law of the lot of country has assumed regulation in the world all to that. Afterwards, with the development of society, one of silent not only right system get broad confirmation on domestic law of the law-ruled country, but also one basic human rights and the floor international approved. Thereby one of the criminal international criterion become one basic human rights and the floor of international Human Right Act.The main body of the thesis has five mark of chapters together. The first chapter comply with silent right theory significance and actual significance mainly starting, study content combining with ascertaining the main body of a book's at home and abroad to silent right system research result. Second chapters, silent right suggesting and development, mainly tells the process of the development of silent right and the developing status in different countries. Third chapters discuss the connections between legal principle basis, human rights with silent right. Fourth chapters mainly tells the real situation of the silent right of criminal quilts in our country at present. Draw forth necessity building silent right system in our country from this. The fifth chapters bring forward corresponding suggestion to building silent right system mainly from legislation angle, and to improving civil our country human rights consciousness having given suggestion, and bringing forward limited silent building-up right system.The novel point of this thesis is that through talking about the origin of the silent right, analyze the connection with legal principle basis and human rights theory, combining the real situation of criminal quilts' human right. Set forth from the ensure of human right, raising how to set up the proper limited right of silence system with our country's real situation.