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Research On The Right Of Silence In China

Posted on:2013-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2246330371981893Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the judicial system of the country ruled by law, the Right of Silence hasbecome an indispensable content. As a fundamental Right of criminal suspect ordefendant, the Right of Silence is written into the laws and regulations in mostcountries of the world,and has been a part of the recognition of the internationaldocuments,which indicates that the system established the Right of Silence has itsneedless questioned the theoretical basis and litigation value. China should establishthe system, there has been no small controversy in all walks of life. The authorbelieves that the Right of Silence in a high degree of respect for human rights is astrong guarantee for the maintenance of justice of the judicial process, China shouldestablish the Right of Silence the and establish appropriate support mechanisms. Inthis paper,it have five parts .The first part introduce the basic connotation and nature of the Right ofSilence.And introduce the Right of Silence in civil law countries, common lawcountries, as well as international law on the emergence and development tounderstand its historical evolution.And introduce the significance of the Right ofSilence in the judicial processin.The second part is describe the legislative and judicial status of the Right ofSilence in China. In the legislative status of the Right of Silence, the main substantivecriminal law legislative status quo, the legislative status quo of the legislative statusquo of the Criminal Procedure Act and other legal norms.The third part is about China has not been established the Right of Silence aboutlegislation.The reasons of that is mainly about four parts,that is the lack of protectionof human rights in China,and the impact of the traditional litigation model,and beyondthe shackles of the terms of reference of the investigation and the lack of securitymechanisms.The fourth part is about in China to establish the necessity and feasibility of the Right of Silence.Research in China for the establishment of the system keeping silent.The last part is the conception of the legislation to establish the Right of Silencein China. Firstly, the introduction of the Right of Silence in specific patterns, andanalysis of the present stage should be the mode of the Right of Silence.Secondly, onspecific aspects of Silence system design, specific to various stages of criminalproceedings, namely the investigation stage,the prosecution stage and trialphase.Thirdly, the Right of Silence should be reasonable restrictions,and not all thesuspects and defendents in the Case should have the Right of Silence.
Keywords/Search Tags:Right of Silence, procedural justice, protection of human rights, presumption of innocence
PDF Full Text Request
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