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On The Construction Of Right Of Silence In China

Posted on:2012-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:D Y WangFull Text:PDF
GTID:2216330338958031Subject:Law
Abstract/Summary:PDF Full Text Request
Right to Silence, is the crime suspect or defendant in the judicial investigation, prosecution, trial process, to remain silent, to refuse to answer may be at a disadvantage to the right. It produced the performance of human progress is litigation marks from barbarism to civilization, but also to criminal suspects and defendants an important manifestation of human rights protection. Right to Silence in many countries in the world has the form of law to be confirmed, unfortunately, our legal right to silence has not made any provisions."Criminal Law Amendment (h)" was February 25,2011 to the public, the reduction in capital charge as much as the large number of modified charges, are the enactment of the Criminal Code in 1997 amended the Criminal Code. Caused widespread concern in the country and the people responded positively to the same time, seek to amend the "Code of Criminal Procedure," the system established in China Scream Silence theorists in the proceedings, the judicial practice again sounded, and the sound louder and louder. We should be "criminal" and change as an opportunity to bang, modify and improve the "Code of Criminal Procedure," a limited right to silence in our system? This paper argues that the establishment is necessary. Because as the world's political, economic and cultural development, the absorption of two legal systems integration, the legal system to each other, each transplant, the system set up for the right to remain silent waves. Right to Silence in the establishment, will help protect the suspect, the defendant's legal rights, the rule of law is conducive to the progress of the criminal, socialism with Chinese characteristics is conducive to the establishment of the rule of law, is required to actively fulfill its international obligations.Text is divided into four parts, while the introduction and conclusion.The first part describes the meaning and nature of the right to remain silent, traces the history of the development right to remain silent, describes the Right to Silence in the UK, USA, Germany, Japan, France and other countries in the establishment and development of profiles, a simple analysis of the process of establishing the Right to Silence.The second part describes our jurisprudence on the right to silence some of the views and arguments, a detailed analysis of the system in China so far does not have a right to remain silent, mainly political, litigation system itself, cultural and social reality caused by other reasons.Right to Silence of the third part discusses the necessity and feasibility, from the seven areas (the rule of law, protect human rights, implementing the presumption of innocence, balancing action to enhance the judicial level, uniformity of law, to fulfill its international obligations) focuses on the right to remain silent the basic values, which China must come to the conclusion the introduction of Right to Silence.In the fourth part of the system of setting the initial concept right to remain silent. From the idea that we should be, the Constitution and the Code of Criminal Procedure and other legislation to strengthen the concept of silence, and then set the silence of the relevant proposed safeguards, including the establishment of security procedures, enhance the right to counsel and set up a mechanism to take the initiative to confession, plea bargaining to establish system, establish illegal evidence exclusion rules and so on. Based on its shortcomings, we must limit the right to remain silent. According to China's actual situation, citing corruption and the huge amount of property of unknown origin cases, crimes against national security, endangering public safety crime, drug crime and organized crime with the Mafia should be excluded from the scope of the enjoyment of right to remain silent.
Keywords/Search Tags:Right to Silence, Silence, limited, exceptions
PDF Full Text Request
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