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Right To Muteness

Posted on:2012-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y SunFull Text:PDF
GTID:2216330371953242Subject:Litigation
Abstract/Summary:PDF Full Text Request
The 17th century, along with the gradual establishment of the bourgeois regime, the legal right to remain silent in the beginning to be recognized. Right to Remain Silent, refers to criminal suspects and defendants in criminal activities in the face as the prosecutor's investigation, prosecutors and other judicial and judicial interrogation, there is no obligation to prove whether a crime is entitled to maintain silent, refusing to answer the prosecution's questioning, the prosecution does not deny or silence from this to make the suspect, the defendant's legal presumption of adverse system. Because the right to remain silent and its system of protection of human rights, equal status of the parties to maintain criminal justice to prevent the barbaric and have an active role, gradually developed into a measure of a country's criminal justice or one of the signs, was also seen as the modern rule of law the suspect or accused the foundation of human rights protection. Until last century, the right to remain silent without any restriction is to be protected. The development to the present, right to remain silent and be constantly improve the system is still in the state, the protection of the right to remain silent is also consistent continuation of the strengthening of the trend.The system of the right to silence itself has a long history, but for our country, building of the right to remain silent has not really started. This article reasons why it is necessary and feasible for our country to set up the silence right, by casting back the history of this right and researching the value of it. The predicament of the right to silence in China has been mentioned,too.This article as well discusses the mode of the right to set up in our country.
Keywords/Search Tags:silence, right, value, fair
PDF Full Text Request
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