The Construction Of The System Of Right To Silence In China

After China has joined the International Covenant on Civil and Political Rights ofUnited Nations, the right to silence was no longer silent, and gradually, it has became ahot issue in Chinese legal scholarship and judicial practice departments. Especially sincethe introduction of the new "Criminal Procedural Law" amendment and relevant judicialinterpretation, the discussion on this issue gets more and more hot and deep. It also bringsa drastic argument in Chinese academic circle and Judicial departments on whether weshould or not lead in the system of right to silence. Right to silence is an important contentof criminal justice system in modern society under the rule of law, it also represents themost important milestone in the struggle to civilization of human being. The lawsuit valveof the implementation has accepted by most countries in the world, and the right to silenceis confirmed in the form of legislation in most countries of Anglo-American andcontinental law system. It is a basic human rights that affirmed by international humanrights law, and it is foundation of the criminal can really have the right to defense. Theconfirmation of the right to silence and the establishment of the procedure of the rightreflects not only a country’s attitude on the contradiction between real truth and dueprocess, but also the situation of human rights during the criminal procedure, and furthermore, the level of the criminal judicial civilization. This article attempts through theanalysis of the theory of system of right to silence, combined with the development of thesystem of right to silence abroad, restore the real connotation of silent, comprehensivesystematic analysis of the merits of the system of right to silence, silence to demonstratesystem is the inevitable trend in China’s judicial democracy, system of right to silence willtransplant in our points of this view, and in accord with our country present stage nationalcondition, on the basis of traditional legal culture, and puts forward the author’s shallow,give the rationalization suggestion for our country establish the system of right to silence.