On The Right To Silence The Establishment Of The System In Our Country

The right to silence has become a subject of heated debate in Chinese law field since the Chinese government has signed the International Covenant on Civil Rights and Political Rights. The right to silence was written into Covenant, but The Chinese law does not include the right to silence. With the promotion of procedural fairness, more and more Chinese accept the right to silence. This paper has five parts besides an introduction The introduction of this paper is a concise explanation of the right to silence. Part one delineates the history of the right. Part two studies the rules of the right to silence in the western nations. Part three analyzes the theoretical justifications of the right to silence and the procedural values of the right to silence. From the Chinese conditions, I try to demonstrate the necessity and feasibility of introducing the Right to silence into China in Part four. I hope I can give some useful advices about how to choose the rules relating to the right to silence in Part five.