Domestic Application And Research For Privilege Of Silence System

The problem for privilege of silence system is concerned by the criminal and litigation law circles many years. No matter criminal law enforcement, judicial, legal profession or the ordinary people all have their own point of view.Privilege of silence system fully embodies the spirit of law and has considerably advantage. This point can be got from confrontation to feudal autocracy and the state power; against torture to extract confessions and self-incrimination; the protection of human rights and to carry out the principle of the presumption of innocence.According to China’s current social situation and the level of detecting, it’s not the mature time to establish privilege of silence system.We should insist on the principle of gradual and orderly progress. Based on the real national conditions,we should improve our country criminal litigation system gradually. Not only to keep the pace of times, but also need avoid be anxious for success through the violation of the science of law.Western countries’ legal system, judicial present situation and the judicial system has its scientific and advantage, but we can not imitate blindly,especially can not forget the fundamental task of criminal justice.Under the premise of judicial civilization, we should insist on fighting crime, insist to protect social public interests, and maintaining social order, ensure national long period of stability.