On Establishing The Right To Silence In China's National Conditions

By discussion and analysis of the right to silent, this dissertation puts forward suggestions on the establishment of this institution in china. This paper first introduce the birth in Britain and America and the acceptance by international human law, then analyzes the reasons for torture and failure to protect human rights in judicial practice in china, finally comes to the conclusion that the right to be silent should written into criminal procedure law. Retrospecting Chinese judicial history, we'll notice that defendants in criminal procedure have no rights at all and torture is a common tradition. The right to be silent is the symbol of rule by law and necessity of disincriminition. It's beneficial for abolition of torture and judicial civilization. At the same time, we should realize the particular historical background of this institution, especially the limits set to it recently in\Britain and America, we also should look into the national conditions in china: high crime rate, backward detect tecnich and unwilling witness etc. all these bring to limitations to the right to be silent. At last, bycomparing this institution in different countries, this paper outlines the right to be silent with limitations as follows, who enjoys the right-suspects and defendants, when to be silent, to what to be silent, the effects to be silent, and exceptions and guarantee mechanism.