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On The Predicament Of Pirvilege Of Silence In Our Country

Posted on:2013-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:D D FanFull Text:PDF
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Since it got emerged till now, Privilege of Silence has spread all over more than130countries after hundreds of years’ development. The Silence Power System has beenresearched for over ten years in our country, but and there is always dispute on thelegitimacy and feasibility of Privilege of Silence in the theoretical circle, and early in the90s there has been scholars suggested that Silence Power System should get introduced inour country, however, the mainstream view at that time was that Silence Power System is infeasible in our country. In recent years, it is widely believed that it is the right time theSilence Power System get introduced into our country. And besides, in recent years, asunjust and wrong cases caused by extort confession by torture, and events of mysteriousdeath in jail get discovered, the theoretical circle and even the general public all called onthe Privilege of Silence to stop extort confession by force behavior, and that Privilege ofSilence should be written into the law during Code of Criminal Procedure amending.On Mar14th,2012,Code of Criminal Procedure Amendment was passed by NationalPeople’s Congress, and in which principle of anybody shan’t be compelled to confirm hisguilty was new added, but the truthfully confession obligation of the criminal suspect whichis against the spirit of Privilege of Silence wasn’t canceled. Just on this matter, somescholars said that anyone shan’t be compelled to confirm his guilty is not equal to Privilegeof Silence, and Privilege of Silence could not be put into effect if truthfully confessionobligation is not canceled. Why can’t the Privilege of Silence that has been appealed by thetheoretical circle for over ten years be written in the Code of Criminal Procedure? What willbe the predicament of establishing the Privilege of Silence in our country?This paper adopts literature analysis and survey research methods, to research on thePrivilege of Silence, summarizes and learns from the emergence and development ofwestern Privilege of Silence System, and experience of British and American Privilege ofSilence, states the research condition of the Privilege of Silence in our country, this paperdoes a deep analysis on the theory, reality and system plight of establishing the Privilege ofSilence in our country.
Keywords/Search Tags:Privilege of Silence, Naught confession rules, Criminal procedure, Furtheramendment, Predicament
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