Uk Right To Silence In The Study Of The Origin

The system of the right to silence is an issue in dispute of the Criminal Procedure Law. Britain is the first to establish the system of the right to silence. However, in 1972, a big proposal was offered by the British law circles to make great changes, but failed. After nearly twenty years'discussion, Britain came to the big restriction on exertion of the right to silence. While at the end of 20th century, Britain made new explanations on this restrictive law, restating and consolidating the status of the right to silence in British law. Such a controversial issue in history, an ancient problem that can be considered as an improvement of the reform in modern law systems, itself accounts for the vitality and its necessity for the research of it.The establishment of the system of the right to silence has experienced threes stages:The first stage is from the 13th century, when English Common Law came into being, to 1568; this is the bud period of it. The formation of Common Law led England to a different way from European Continent to develop its law. Since then, a single spark of the right to silence began to start a prairie fire. At that time, some ideologists firstly proposed"nemo tenetur maxim"against Inquisitorial"oath ex officio"Procedure. Such proposals and thoughts themselves are the bud for the right to silence. However, Henry VIII's breaking from Roman Church and his Reformation objectively resulted in stage-victory against Inquisitorial Procedure. The right to silence of this period, during the development of which, such progress was of little value, remained at the extent of moral rights, but it made its first stride in its history of establishment, after all.The second stage is from 1568 to 1688, which is the earlier period of establishment of the system of the right to silence. In this period, people strived for the right to silence, from the conflicts of first stage between Common Court and Church Court to the conflicts between Common Court, Parliament and the Court of High Commission in charge of the king. The right to silence also changed from moral rights to legal rights. After the Case of John Lilburne and the Case of Seven Bishops,the system of the right to silence was primarily established in England.The third stage is from 1688 to the end of 18th century and the first half of 19th century, when the system of the right to silence was ultimately established. When defense counsels became quantitatively significant in criminal procedures and Lawsuit Mode formed, the system of the right to silence finally established in trial procedure. Through a series of parliament laws making and the Judicial Reform, the system of the right to silence was ultimately established in trial procedure and pretrial procedure. And the right to silence was also finally established from legal rights to realistic rights.Many factors played important roles in the system of the right to silence's establishment. The origins of legal thoughts which consist of English Common Law tradition, Continent Common Law tradition made up of Roman Law and Church Law, Great Charter, English ancient Latin maxims are some of the factors in the course of the establishment. The influence of the Enlightenment Thoughts and English unique political systems, which are the most important factors, are the other reasons for the system of the right to silence's first establishment in England.The right to silence, from its beginning to the ultimate establishment, lasted seven hundreds years. At the same time, this course was full of struggles which people won for their freedom and democratic rights. The system of the right to silence's establishment marked the judicature system moving towards the light to a certain degree. The struggles which were between Inquisitorial Procedure and Accusatorial Criminal Procedure Mode,"accused speaks"theory and"defense lawyer testing the prosecution"theory, the Common Court and the Church Court, the Common Court, Parliament and the Court of High Commission lasted for the whole establishment course. The system of the right to silence's establishment is a victory of civilization and rationalism. It is also a product of rule-of-law social order, one of the marks of legal modernization.