Criminal Investigation Stage Reticent Right

The article introduced the development of right to silence by analyzing social, institutional, legal and historical conditions for its foundation. I intend to combine the silence power system of common law with criminal investigation practice in China nowadays, and further discuss the feasibility of building the silence power mechanism within our present criminal legal system.The full text altogether is divided to three parts. The first part is aimed to introduce the concept of the right to silence, in addition to comparing it with other relative concepts like Prohibition of forced self-incrimination. It is naturally justified to build the right to silence from the view of protecting suspects'right to defense, and also shields suspects from confessing crimes involuntary in the phase of criminal investigation.The second part is focused on the difficulties of introducing silence power to present Chinese legal system, which include system defect, lack of right protection mechanism and so on. Taking those factors into consideration, we will find that if suspects dare to use the right to silence, they would almost inevitably suffer interrogation once and again and be held in custody for a long time.In the third part I intend to do some research on how to build the right to silence in present criminal investigation system. In order to achieve this, a series of rules must be accepted, including rules of interrogation, rules of informing rights, rules of illegal evidence exclusion and so on.Finally conclusion: the effects of introducing the right to silence must be profound and significant. It is more than a simple matter of thought transforming but a complicate system that needs unceasingly exploration and research. The final target is to construct a better judicial system that can apply with our national conditions.