On The Establishment Of Criminal Silence Right System In China

In the modern society ,one of important signs that weigh up a country's progress of civilization is the country's standard of the rules of law and the situation of human rights . But today when our criminal suit has assimilated the reasonable part of the principles of innocence inferring , the silent right, one of the basic content of human rights and an important right of criminal suit that the criminal suspect and the accused ought to have that is still not yet stipulated clearly . The appearance of " zero testimony " system and several cases of injustice caused by extorting confession under torture have made the silent right become a hot issue in our country's lawsuit filed , with the mass media's one after another reports and comments . In 2004 , the amendation of Constitution brought " respect and ensure the human rights " into the line of Constitution , which led the heated social argument on the silent right. In 2005 , the nineteenth meeting of the Ninth Session of the National People's Congress entered the amendation of < Criminal Procedure Law > in the list of < The New Session of The National People's Congress of Five-year Legislation Plan > . Whether we should established the institution on of the silent right and what kind of pattern we should choose even have attracted the same attention from the law field and the public opinion . So my purposes of this article are to look closely at the western institution with Chinese characteristics in light of China's specific conditions , and to put forward appropriate counter measures in accordance with the possible problems met during the process of carrying out it to guarantee to " respect and ensure the human rights' " , and to restrain the extortion confession under torture and to promote judicial civilization .The silent right looks like a " small problem " , but it has close relations with many law system problems and maybe it is a complicated problem that can cause multiple effects . And because of having no such kind of right at present in China , all the studies have to start with...