Analysis Of The Estalishment Of Reticence Right System In China

In the17th century, with the development of bourgeois democratic movement, right to remain silent was first notarized in British law. Reticence right system is a system under which in penal action activity, when facing interrogations from accusing party such as the investigative organization, the procuratorial organs, judicial organs and so on, the criminal suspect, the defendant, does not have the obligation to prove whether he is maleficent, he has the right to remain silent and refuse to answer the prosecution’s interrogation, and the prosecution also cannot make legal suppositions unfavorable to the criminal suspect or defendant from this kind of refusal or silence. Since it plays a positive role in protecting human rights, maintaining an equal status to the participants in criminal procedure and preventing savage jurisdiction, right to remain silent and reticence right system gradually develops into one of the signs measuring a country’s criminal judicial system just or not., and in modern legal states, it is also regarded as the basis of the protection of the criminal suspect or the defendant. In most countries’constitution and criminal procedure law, and even in some international conventions right to remain silent and reticence right system is emphasized and preserved. Before last century, right to remain silent was ensured without any restriction. And now right to remain silent and its system is still in a state of constant improvement, and the security of the right continues to be strengthened. In criminal judicature practice, even in countries like the United States where criminal case rate is very high, mainstream concept does not propose to sacrifice the justice value from the exercise of the right in order to improve the efficiency of fighting against crime. Right to remain silence ant its system has a long history, but to our country, the construction of the system hasn’t really started. On October5,1998, the Chinese government signed the United Nations International Covenant on Civil and political rights, in2002, all the law scholars from the whole country held a special conference to discuss whether right to remain silent and its system applicative in China, and this conference brought an upsurge in law discussion. Along with another modification of the criminal procedure law in our country in the near future, whether to introduce right of silence has raised a new round of hot debate. As to the problem whether right to remain silent and its system can be constructed in our country’s judicial system construction, legal theorists, practice circle and the public have different opinions and reasons. From the necessity and feasibility of the introduction of right to remain silent in our country, this paper explains in detail that our country already has condition to introduce the right of silence, and combining with China’s current social situation, the paper puts forward his own ideas on how to construct right to remain silent and its system conforming to the situation in China and with Chinese characteristics.