Theory Of Silence In China - And A Review Of The Points Of The Establishment Of The Amendment (draft)

According to Professor Chen Guangzhong’s views, "A problem in the history for years is controversial, an old problem in modern law can act as change important content, this itself shows the vitality and the necessity of studying the problem"。In this paper, combined with China’s current legal status and the new criminal law amendment (Draft), on the concept of right to silence, the legislative history and our country executes the right of silence system the necessity and the feasibility, proposed legislation in four chapters to launch the elaboration. The first chapter is the concept of right to silence, the silence right from the concept of broad sense and narrow sense in two aspects definition. The second chapter is the right to silence in history, to the west of Britain, the United States, Germany and other countries of the right of silence in history review. Then we talk about our Chinese ancient interrogation system, as well as of the 1996 law of criminal procedure, the 2011 criminal law amendment (Draft) in the silence of the related system. The third chapter is the key chapter. Is mainly talking about our new criminal law in forty-third, introduced the" shall not be forced self-incrimination" and right to silence and distinction, further clarify the silence right system in our country has not established the status quo. Then, further discusses the establishment of right to silence in China necessity, specifically from the right of silence and the constitution, moral, freedom of speech, judicial justice, presumption of innocence, prohibition of torture, international obligations, and Hong Kong and Macao judicial uniform angle to analyze. Finally, I try to prove the feasibility of the establishment of the right system of silence in five aspects from the economic environment, moral environment, legal environment, physical environment to the experiences of other countries The fourth chapter, is the silence right system in our country’s construction, specifically from the establishment principle and basic contents of two aspects.