On The Relative Right To Silence System Build

Nowadays, with the development of the concept of international human right ensurence, how to treat the legitimacy of the right of the parties better , especially the criminal suspects and defendants, to give them adequate and appropriate maintenance has become criminal theoretical and practical an extensive issue of concern. As one of the important system, the Right of Silence to protect the legitimacy of the right of the criminal suspects and defendants, has been existed for a very long period in the common law countries (typically such as the United Kingdom, the United States, Canada, etc.). And in the protection of the rightful and legitimate rights of criminal suspects and defendants, it has made more notable results. However, in our system of justice, few rules have been made on it, which is not according with the broad concerns from the academic circles,and is widely criticized. The reasons are mainly of that Chinese current judicial practice can't give the criminal suspects and defendants the right to remain silent easily, otherwise it would not be useful to the investigation of cases and disputes' resolution. However, to give necessary protection to these legitimate and lawful rights of the criminal suspects and defendants is the trend of the time, must be solved in time.Based on this, the writer thinks that, for one aspect, we should adapt to the development of the theory of international justice situation to set up the Right of Silence, for another, we also need to combine our country's judicial situation, when necessary, to stop the criminal suspects and defendants from using the right of silence, so that the facts of the cases can be identified, and make the conviction and sentence correctly, which also matches the Western countries on the relevant provisions of the Right of Silence: although give criminal suspects and defendants the right to remain silent,such rights are not unlimited, in a particular case it also should be restricted. Hence, the writer proposes the idea of establishment of Chinese relative right of silence, to be consistent in one aspect with international justice theory of the protection of human right, and also with the reality of Chinese judicial practice, facilitate the identification of the facts of cases, convict and sentence correctly. This article contains four parts.The first part wholly introduces the source,the definition,the developing process and different characters in different period of the right of silence, proposed that its building is conforming to the history trendence.Secondly in the first chapter, brought forward its sorts, including complete right of silence and part right of silence, adding to the series of unreasonable points of the former, hence proposed the establishment of relative rights of silence in our country.in the third chapter, the author mentioned the necessity and urgency to build the relative right of silence in current crinimal justice system, and partly proposed some principles that should be abide by in building it, including globality principle,operatability principle,opening principle,reference and sorption principle, further more, discussed therelative ensuring system and measures to perfect the right of silence.Finally in the fourth part, the author emphasized the idea of concreting system on relative right of silence, including its user,using stage,some exceptions for use etc.,to look forward to concretizing the right of silence and strengthening its serviceability.