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A Comparative Study On The Right To Silence

Posted on:2013-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:C M NiuFull Text:PDF
GTID:2246330371976804Subject:International law
Abstract/Summary:PDF Full Text Request
Right to Silence originated from the United Kingdom, then the United States established "Miranda rules" that make this right to its peak, the Right to Silence is a concrete manifestation of the democratic constitutional government in criminal proceedings, also is a manifestation of citizens’human rights protection and human. The presumption of innocence and the balance of the prosecution and the defense require their right to silence. Most countries in the world today set some limit on the right to silence system, Given them the right to silence as a precondition, set a number of exceptions in order to balance the punishment of crime and protection of human rights. March2012, the National People’s Congress adopted a new Criminal Procedure Law amendment not yet introduced the Right to Silence in our present criminal procedures, criminal suspects and defendants in the interrogation of the investigators, prosecutors, judges still have the obligation to answer truthfully, can not remain silent. Rational choice is made to take full account of the criminal justice practice and the cultural traditions of our country.This article is divided into four main parts. The first part starts from the concept, analysis the difference between the Right to Silence and "not to be compelled self-incrimination" and the Confession, and then by a brief History of the Right to Silence, the theoretical basis for the right to silence more profound elaboration; start with an overview of the right to Silence the perspective of international human rights law:International Covenant on Civil and Political Rights, The European Convention for the Protection of Human Rights and American conventions on human rights, comparative study of these file on the Right to Silence.The second part is mainly about the right to silence in the United Kingdom and the United States, using the method of comparative study of the Abolition of the Right to Silence in the common law and the development process, as well as in theoretical circles to the adoption, in order to make some recommendation on whether China should introduce the right to silence, as well as how to build the practice of the specific criminal justice system keeping silent. The third part is the emergence and development of the National Right to Silence in civil law systems, focus on the attitude of France, Germany, and Japan for the right to silence and the corresponding design of the system to conduct a comprehensive analysis. After a comparative study of the Right to Silence in the same legal systems of different countries, but also described the difference of the system of common law and civil law.The fourth part focuses on the reform of the Criminal Procedure Law. List the Amendments to the Criminal Procedure Law of the People’s Republic of China (Draft) about self-incrimination provisions, in terms of both theory and practice the right to silence in our country is facing the reality of resistance, however, China did not introduce the right to silence in this Amending the Criminal Law is a sensible choice.
Keywords/Search Tags:Right to Silence, the Code of Criminal Procedure, Human rightsprotection
PDF Full Text Request
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