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The Theory Of Construction Of China's System Of Right To Silence

Posted on:2013-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:J Y HeFull Text:PDF
GTID:2246330395950340Subject:Law
Abstract/Summary:PDF Full Text Request
The explanation of the right to silence can be discussed from a comparative perspective. In American literature, the "right of silence" refers to a bundle of rights, ranging from a general right of refusing to answer any official inquiry and a witness of right not to incriminate himself,to a specific right of a suspect not to answer police interrogations. In continental Europe and Japan, it only denotes a specific right of a suspect or an accused not to answer any official questioning, either in front of police and prosecutors or in court. China do not establish right of silence institution now. but,we always face to the problem of how to establish Chinese character right of silence institution. Now in a view of detective, we discuss how to establish Chinese chartered right of silence institution.The author proposed the basic tentative plan for introducing the Right to silence in a basic unit police view:Correct the related rules of present law: Separated the lockup from the public security section, and bring in the video and recording system in the detection procedure; Strictly implement the lenient policy for confession and encourage the crime suspect to admit his fault; Explicitly stipulate the exceptional situation of the crime suspect exercising the silence power.This dissertation is divided into five chapters.Chapter1:Illustrate and Analysis the definition and the character of the Privilege of Silence, privilege of silence history.Chapter2:Analyze trouble of silence system in china.Chapter3:Deduce the necessary and feasibility to introduce the privilege of silence into our country. Illustrate and Analysis how to design the Privilege of Silence system should be built up and restrictions would be adopted。Chapter4:According to china tradition, design our Chinese characteristics the Right to Silence.Chapter5:Build up the Privilege Of Silence so that it is an Operational system. Build up Chinese plea bargain system and Restiction Privilege Of Silence...
Keywords/Search Tags:the Right to Silence, Chinese characteristics, Plea bargaining, Criminal standard of proof, Right of investigation
PDF Full Text Request
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