Right To Silence In Research

The paper has demonstrated the theoretical problems respectively on the right of reticence, including its definition, meaning and nature. The paper has made a comparison between the different systems of the right of reticence, concerning mainly American-British law sect and continental law sect. It clarifies that the right of reticence is one of the important proceeding rights which is owned by the suspects and defendants in criminal suit. The right of reticence is confirmed in many law documents passed by the United Nations and other countries. Up to now, our country hasn't accepted it as part of the content of law. Through demonstration of its feasibility and necessity, a conclusion can be drawn that our country should build the system of the right of reticence which fits the current situation of china to perfect criminal suit system and to protect the just rights of suspects and defendants.