On The Study Of Right Of Silence

With the course of justice and protection of human rights concepts increasingly gained recognition, on the right to silence the discussion to become a hot topic in legal circles. Of our jurisprudence on Silent began first to modify the Code of Criminal Procedure Code. The provisions of any law has behind it the background, the right to silence is the same. Silence in the different countries, different periods of the same country have different rules. From which we can see that the legal culture of a country’s level of development. Should appreciate that our country has experienced30years of reform and opening up of the rapid economic development, rule of law, the conditions gradually improved. and the rule of law concept has been widely accepted. In this context, China in March2012by the Criminal Procedure Law amendment, the state respects and safeguards human rights written to General Provisions, and through forced self-incrimination and arrest conditions a series of articles. This is a great change, and marks the Code of Criminal Procedure of citizens, especially the protection of the rights of criminal suspects and defendants on a new level system of the West’s right to silence has been recognized in China, the voice of human rights have been implemented. The introduction of this article primarily describes the Code of Criminal Procedure were amended in the voice of the people on the protection of the rights of the state respects and safeguards human rights written into the Code of Criminal Procedure, the right to silence, and many of the specific system among them. This is an important milestone in China’s human rights protection. The first chapter deals with the right to silence in the background of international human rights and established the theoretical foundation, aims to give readers a rough idea of the right to silence, and prove that the right to silence should be used as one of the fundamental rights into the Constitution. The second chapter of Silence in the development of human rights in China, following by the Step-By-Step Confirmation. Began the traditional legal discourse in China is in the negative on the right to silence and right to silence was not accepted because of departure from the traditional legal perspective. Then discussed with the development of China’s human rights system, the legal awareness of citizens, recognizing the right to silence the voice of the public. The third chapter deals with the defendant of human rights in China full legal protection system. First discussed as a basic human right to silence should be written into the constitution. And then discusses the coordinated development of the Perfection of criminal legal system. And which proposed three countermeasures, First reform detection system. Inform the establishment of the Right to Silence rules, the prosecution of persons entitled to legal questioning the right to know. Second, the right to protection of the Criminal Lawyers. Perfect lawyer to meet the rules. to protect the right to counsel shall be inviolable. The third is to improve the system of evidence. Improve the system of our witnesses, cross-examination testimony of witnesses, so that a more complete chain of evidence. Only in this way, the right to silence in order to improve the legal system really protect citizens the protection of criminal suspects and the accused. The right to silence is not just a power, but a litigation philosophy, is the embodiment of the people-oriented legal. The constitutional provisions of right to silence is just the beginning, the real realization of the right to silence is also a long way to go, we need to make unremitting efforts.