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Analysis Of Silence Problems

Posted on:2009-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y F GaoFull Text:PDF
GTID:2206360242494490Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
The right of silence is that a criminal suspect,a defendant has the right of hushing or refusing to answer when he has been interrogation or trial. The right of silence is a fundamental right that modern law-ruled countries setting up for criminal suspects and defendants. The right of silence is the important sign of procedure justice and civilized judiciary. In essence,the right of silence is given criminal suspects and defendants two rights: The first,who enjoy the right not being forced to stating or not;the second,who enjoy the right of choosing providing or not harmful statement. If criminal suspects and defendants exercise the right of silence in the process of legal action , Judicial officers wouldn't make disadvantageous deducing to the person to the ground.The right of silence has come from the ancient legal maxim that no person charged themselves with their obligations.In the 17th century, England had firstly established right of silence system which was in legal sense. Subsequently, USA and a lot of Western countries had transplanted right of silence system. United Nations"International Covenant on Civil and Political Rights"had also made clear stipulation to this.Our country would established the right of silence or not, Theoretical circles and judicial circles have produced fierce argument.The author thinks that the right of silent system is highly respected for the people,is strong barriers for safeguard judicial. I our country ought to establish the right of silent system , build corresponding supporting legal system.The paper commence on the basis of this. The paper includes four parts:the first,on the right of silence and its connotation, model legislation and historical process. The second,Summarize and organize the different views in the theoretical circle that our country establish the right of silence system or not. The third,analyse the necessity and feasibility that our country establishing the right of silence system.The forth,put forward some ideas that focus on China's the right to silence system theoretically. It includes the basic principles , concept designing,procedural guarantee and exceptions.
Keywords/Search Tags:the right of silence, protection of human rights, presumption of innocence, procedural justice
PDF Full Text Request
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