The Analysis Of Localizing The Right To Silence And Miranda Rules

Through learning the latest Criminal Procedure and the Law on Lawyers, the author finds that the Criminal Procedure pays more attention than ever to limit public power and to protect the human rights of criminal suspects and defendants, but the Right to Silence which has been widely noted is not born. And the author found Miranda Rules indicating the maturity of American Right to Silence provides vigorous guarantees for the effective implementation of the Right to Silence. If China can introduce Miranda rules into the Right to Silence, in accordance with Chinese specific national conditions, then the Right to Silence with Chinese characteristics will fully play its role in practice.The paper analyses theories of the Right to Silence, Miranda Rules and Chinese Right to Silence, and concludes merits in the Right to Silence and Miranda rules, and then combines with Chinese practice, at last establishes the Right to Silence in line with Chinese national conditions. Although a large number of experts and scholars in China propose many theories of Chinese Right to Silence, nobody can introduce Miranda rules at the same time. This article can do all above is inventive.This paper is divided into four chapters:The first chapter is the overview of the Right to Silence. In this chapter, the author briefly discusses the concept and the classification of the Right to Silence first. Then the author lists the Right to Silence in the major countries of Two Legal System. At last, the author summarizes the significance, the pros and cons of the Right to Silence on the basis of the above analysis. The second chapter is the overview of Miranda Rules. Although Miranda rules is supplementary rules of the Right to Silence, it has great reference value in establishing the Right to Silence. Combined with the characteristics of the rule itself, the author believes it is necessary to introduce alone. In this chapter, the author analyzes Miranda Rules based on its history, from which we can get a lot of valuable experience. The third chapter is overview Chinese Right to Silence. First, the author briefly lists the history of the Right to Silence in China in two periods, from which we know there is no real sense of the Right to Silence in China. Then the author analyzes the reason for this phenomenon. At last, through our analysis we found that China is well-qualified to establish the Right to Silence. The last chapter is the analysis of localizing the Right to Silence and Miranda Rules. The author learn useful theory of other states on the Right to Silence and Miranda rules, combined with Chinese national conditions and judicial practice, then lays out a prototype of our Right to Silence, and perfect their supporting system, in order to enrich our Right of Silence.The author hopes the article can give a comprehensive analysis on the Right to Silence, and can introduce safeguards Miranda rule. The article wants to perfect our theories of the Right to Silence, which can provide fully theoretical support for establishing the Right to Silence.