Thinking Of Right To Silence In Constitution

Right to Silence has established more than300years in Western countries, andwith the voice of human right, democracy and other slogans rising, the right tosilence is also increasing attention in other countries of the world. By far, a greatmany countries in the world with an advanced legal civilization have set up thesilence right system; however, if the silence right system exists in our country or it isnecessary to establish the silence right system has become a heated discussion. But,in currently, most exploring of this issue are from the perspective of procedural law,there is no depth to right to silence from the nature of human right field. Based on it,I will open a new path, and try to think and discuss the right to silence from theviewpoint of constitution, all is established in this point that right to silence is aconstitutional right above all. In this paper, at first, I try to discuss some basicquestions, such as the meaning, the nature and the status of right to silence, toanalyze the theoretical basis and practical basis of right to silence, then use the valueanalysis, comparison analysis and induction analysis to discuss the legislative statusof right to silence and the necessity and feasibility of the introduction of right tosilence to the Constitution. Finally I made some bold ideas about how to introducethe right to silence to our country. Limited to the level of theoretical and practicalexperience, my understanding to some problems may be too shallow. I hopeeveryone’s criticism.