On The Relationship Between Curbing Torture And The Introduction Of The Right To Silence In China

Based on the current need of striking against inquisition by torture, this article intends to illustrate the current situation, the causes of formation and the restraint necessity of inquisition by torture, and to introduce the meanings, the history, the values and the international trend of the right to silence, and to compare inquisition by torture and the right to silence, and to arrive at a conclusion that it is improper to utilize the right to silence to tackle the problem, and finally to give several realistic suggestions.This article is divided into four parts. The first part mainly illustrates the current situation and causes of formation, and analyses the restraint necessity of inquisition by torture. The second part introduces the meanings and the origin, and analyses the values and the international trend of the right to silence. The third part elaborates on the conclusion that it is improper to utilize the right to silence to tackle the problem in China from the four aspects of the relationship between the right to silence and the privilege against self-incrimination, the restraints on the right to silence in Britain, the special conditions in China and the complexity of the problem of striking against inquisition by torture. The fourth part gives several suggestions on tackling the problem on the basis of legal principles and system design.