Right To Silence In Research

Right to silence, as an important system of criminal proceedings law, has been confirmed in many law documents passed by the United Nations and other countries. Chinese legal system is not yet adopted the system of the right to silence, because the history of our modem legal system is still short. 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 established 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 if it meets with Chinese national conditions or current legal system. Through the he study of theory and practice, the author believes that the establishment of the right to silence in criminal system is not only a trend, but also an effective measure to resolve our shortcomings in criminal action. Now, Chinese current legislative trends 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 silence.