| As human being, people shall enjoy the right to silence, the essence of this right is a kind of morality tight, it is also respect to the subject of human. The right to silence ensures the humanity and the fair value of the criminal procedure and protects the defendant legally; furthermore, it is a restriction to the public right. The principle that no one can punish himself/herself for a crime and the right to silence derived from it are important parts of legal institution system in modern law-ruled contrives, it is helpful to assure the criminal suspect to make crime admission voluntarily, it is reflected that the dignity of human personality and the freedom will of the criminal suspect and the defendant is respected and assured. The right to silence provides procedural assurance to the criminal suspect and the defendant so that they can fully perform their right of defense, thus the state of the criminal suspect's human right and the civilization level of the criminal proceedings can be reflected from it. On Oct. 15th, 1998, P.R.C.formally signed and joined <,the imitational treaty is one of the important origins off Chinese laws, and the international law is more heavily effected than domestic low by the international treaty. The criminal right to silence will be led into the criminal proceedings in P.R.CThe transplanting of the right to silence institution will inevitablyimpact the different aspects of the criminal proceedings in China including the idea of Administration of Justice, criminal investigation, review and prosecution and the criminal evidence institution most heavily, The standard of proving can be deem as the soul of the criminal evidence,the evidence system is decided by the standard of proving Due to the transplanting of the right to silence, people shall re-think about the criminal proving standard, it will inevitably cause the re-construction of the criminal proving standard of P.R.CStrengthening the research of right to silence transplanting and criminal proving standard is not only of great theoretical significance, But also of positive practical significance. In this article, the transplanting of the right to silence and Chinese criminal proving standard reconstruction are discussed according to three aspects: 1 , the necessity of establishing the right to silence in china; 2, the impact to Chinese criminal proving institution caused by the transplanting of the right to silence; 3, the reconstruction of Chinese criminal proving standard . The total number of characters of this article is nearly 36000.In the first part of this article, the necessity and the inevitability of establishing the right to silence in Chime is discussed specially. Nowadays, either countries belong to continental law system or belong to common law family all established right to silence in their criminal legislation; modern international criminal distraction of justice norm also confirmed the right to silence. In China, there is no content of right to silence in criminal legislation. But analyses either from traditional social culture or from the value of the right to silence itself, the right to silence must be transplanted so that Chinese cacuminal proceedings can realize its true value.In the secure part, the evidence institution of Chinese criminal proceedings is discussed. After the right to silence is transplanted, there will inevitably impact to the evidence institution of Chinese criminal proceedings, the evidence conception of "Oral confession decideseverything" must be changed, the case handling method of "evidence is from the oral confession" must bi changed either. We can say that the impact to Chinese criminal evidence institution caused by the transplanting of the right to silence is omni bearing, but first of all, the problem we ewe facing is the reconstruction of the criminal proving standard.In the third part, the antler discussed the reconstruction of Chinese criminal proving standard specially; the anther also... |
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