The Investigation Phase Of Silent Research In China

The right to silence is an important system of criminal proceedings in the modern state under the rule of law, and in common law countries, it is a right of action that countries give the suspect, it is also an important part of international human rights protection. In recent years, with the continuous development of our country’s democracy and rules of law process improving, the civil rights awareness is increasing, But at the investigation stage, the phenomenon of repeated violations of the rights of criminal suspects still exists, the investigation stage right to silence system is very important.In China the investigation stage, the suspect’s personal freedom is to be restricted or even to be deprived. Contrasted to the passive nature of the personal rights of the suspect, the positive initiative of the investigation right is stark. The investigation stage is the easiest stage of the proceedings violated the rights of criminal suspects, and it has an important role for the smooth conduct of the facts and the entire criminal proceedings. So more focused research will be performed for the investigation stage right to silence system, and it has the most special significance.In this paper, the status is our investigation stage right to silence and the problems, analyze the causes of these problems, on the basis of foreign and Chinese scholars put forward reasonable proposals from the basic theory of the Right to Silence, and the investigation stage to establish the right to silence and its limitations also be discussed. Put forward their views and suggestions on the right to silence in China at the investigation stage, to make exploration and prospects, the investigation stage of criminal suspects, personal rights protection, identify the facts of the case to protect the criminal proceedings conducted impartially some help. Hope to achieve both protection of human rights but also to take into account China’s judicial practice to maximize judicial efficiency, so that the system established and limitations of synchronization, to truly achieve balance between the interests of justice.