On Establishment Of The Privilege Against Self-incrimination In Mainland China

Targeting the fact that tortures to extract confessions are repeating despite legal prohibitions and that silence right system has not been established, the author analyzes the concept, jurisprudence, origin, as well as the background differences between domestic and abroad in relation to the Privilege against Self-incrimination. The article points out that, with the popularity of Internet technology and overall development of social economy, culture, and so on, our society from all walks of life warmingly expect the establishment of the silence right in order to enhance human rights. At the same time, the article states, the general public,especially the more delighted ones, are whole-heartedly awaiting the establishment of silence right in law. In a sense, obstacles to the establishment of the Privilege against Self-incrimination in Mainland China have gradually subsided. It could be safe to conclude that the era to set up silence right law is nearing now. Furthermore, in this article, a set of advices is put forward to improve the system of right of silence, meaning to add a sheet of meager strength to support the development of criminal litigation system, even for the great goal of rule of law in Mainland China.