A Study Of The Jurisprudence Basis And Institution Of Criminal Silence Right

So far, the system of criminal silence right has been200years of history, in the process of its development, in theory and in practice have different opinions about it, but the theory basis and the lawsuit of criminal silence right fact is undoubted value, this system is an important part of the rule of law.In China’s emphasis on speeding up the establishment of socialist rule of law society today, it should establish the system of criminal silence right has been controversial, think and answer to this question also includes several aspects of the conflict of interest and value judgment.However, when we re-examine criminal silence right produces the original intention, is not difficult to see that its primary purpose and meaning is to maintain the public violence under the action of individual interests, so criminal silence right first is used as a basic right of litigation.The author thinks, China should establish a system of right of silence, it is also is the objective need of the trend of international legislation.However, a system needs a lot of factors to consider and legislative technology breakthrough, the prerequisite is to correct and full understanding of the system itself. Any one of the specific system is inseparable from the legal support and guidance, criminal silence right is no exception. Analysis of legal basis of this paper is divided into four parts of criminal silence right and proposes the preliminary conception of establishing for criminal silence right system:The first part, introduction.A brief description of the meaning of the topic, research status at home and abroad, research methods and innovation.The second part, the criminal silence right concept intension, epitaxy and criminal silence right system of the origin, development and evolution are summarized.Through the analysis and thinking of scholars of domestic and foreign research results, proposed the basic problem of criminal silence right system views.In the criminal silence right origin and historical issues, access to the relevant materials, are described and analyzed in Britain and the United States criminal silence right system of the origin, development and limitation.The third part, the legal basis for criminal silence right has done analysis.Are described from the point of view of human rights, the constitution, the criminal procedure law.The essence of criminal silence right is a kind of human rights, is the national public power and private right after differentiation of the product, is an important part of citizen’s right to freedom of expression, is the embodiment of the value of fairness and justice in the field of criminal procedure, is the logical extension of the principle of presumption of innocence.The last part, makes a summary of the present situation of legislation in our country criminal silence right at the present stage, and puts forward the preliminary conception of the establishment of China’s criminal silence right system, including the system establishment and system guarantee.