| The right to silence is an important criminal rights of criminal suspects and defendants. It originated in the United Kingdom, developed in the United States, after many countries, including Germany, France, Japan and other references, and a legal form to be confirmed. Now, the right to silence system has been in the international arena has been widely used in the national judicial practice. Its production is the performance of criminal justice, civilization and progress, is the product of the rule of law and social order, is also one of the modern landmark of the legal system, respect for human nature, an important manifestation of the protection of human rights. Increasingly focus on people-oriented, emphasizing individual freedom, to protect the private rights of society, nation-building, especially the legal construction must pay more attention to human rights, focusing on freedom and equality. Evidence System in the birth of the birth of the system keeping silent, but, unfortunately, legislators, law enforcement, law-abiding in the face of the construction of the system significantly hesitant, timid. From March14this year, the1lth National People’s Congress adopted at the fifth meeting of the amendments to the Criminal Procedure Law of the People’s Republic of China, we are not difficult to see. Right to silence the system established in our country cries louder and louder, despite the two legal systems learn from each other and Transplantation for the Right to Silence in the establishment of fuel to the flames, but so far China’s mainland has not been established. Certainly worthy of recognition, this amendment has already been changed before the provisions of the Right to Silence a blank, first with the "shall not force anyone to confirm his guilt," such a statement is undoubtedly a step forward.This article Select the Right to Silence in human terms, and reveal the value base of the right to silence the system and view of human nature, with the previous results of theoretical studies, to build a people-oriented, respect for humanity and protection of human rights concept of Right to Silence in the core of this article. Firstly, from the human point of view about the significance of the Right to Silence in the main historical analysis view of human nature based on the Right to Silence in foreign study, revealing the causes of the Right to Silence System. Second, build a right to silence system suitable for China is the end-result of this paper. With the deepening of the Chinese criminal justice reform process, the democratization of Justice continues to develop, the background of the course of justice continue to promote the establishment of the right to silence imperative. China must respect the things the law, starting from the actual situation, learn from the successful experience of the advanced Western countries, absorb the essence, build a limited right to silence system for Chinese characteristics, in order to the national interests and the interests of the citizens, the balance of collectivism and individualism to achieve substantive justice and procedural justice, crime and the protection of human rights, respect for the dual function of human nature. |
PDF Full Text Request