The Right To Silence Rational Analysis

This paper analyzes the right against self-incrimination and right to silence in terms of fact, value and law system by using historical method, the method used in sociology of religion and the one adopted by A.J.M. Milne to analyze rules. Then according to the result of the analysis that it is unnecessary to establish the right to silence at present in China, the author of this paper criticizes the idealism generated from the anxiety to establish the right to silence in the reform of the interrogation procedure. At last the author puts forward some practical measures to protect the human rights of the suspects during the police interrogation by using the method of "piecemeal social engineering" advocated by Karl R. Popper for reference.