Establishment Of Right To Silence System In Criminal Investigation Stage In Our Country

The Privilege of silence is the embodiment of the progress of human society, is a symbol of backwardbrutal criminal litigation system toward the development of civilization in the direction of democracy, animportant form is to protect the basic rights of criminal suspects and defendants, reproduce. Effectiveapplication of the right of silence can enhance the suspect, the defendant and the prosecution against thepower of the power balance between the two sides, to change the status between the parties in the litigationstatus, to reverse the imbalance situation, leads the position in criminal proceedings remain equal, theinhibition by torture phenomenon, the basic rights of the criminal suspects the defendant, plays animportant role in. Therefore, establishment of the right of silence and Therefore, to establish the right ofsilence system or not, has gradually become a symbol of a national criminal judicial justice.So far, the right to silence is not only by many countries in the world stipulate in the law, but also,more and more recognized by the international community, are included in many international conventions,it has become an important content of international human rights protection.China has signed a number ofspecified including "International Covenant on Civil and political rights," International Convention on theright to silence, and at the time of signing without reserving the right to silence this part, it indicates that theChina acknowledged the right of silence in the world, but the pity is that, in our country there is no complywith the international conventions, in our current law has not clearly defined the right of silence.The establishment of silence right system for protecting human rights, promoting fairness and justiceof criminal procedure plays a huge role, is the inherent requirement of criminal judicial democracy progressin the direction of internal requirements.With China’s economic strength, speed up the process ofdemocracy, the rule of law is unceasingly perfect, in recent years, our country more and pay more attentionto the cause of human rights protection and the construction of judicial civilization is high, which hascreated favorable conditions for the introduction of the silence right system in our country.Now, in thewave of globalization, exchanges between the countries in the world are becoming more and more frequent,the national mutual learning between reference, transplantation of law, system, is for the development ofthe system of the right of silence and in more countries to set up.As China’s overall national strength, influence in the international community more and more China, China had signed the internationalconvention since it the right to silence, at the time of signing and no reservations on the part of content,then they should play an exemplary role in abiding by the international convention, the InternationalConvention and practice content, the right of silence internalized into the provisions of our domesticlaw.Therefore, it is very necessary to establish the right of silence system in China, especially in the mosteasy to infringe the rights of criminal suspects in the investigation stage, it is very important to establish theright of silence.This paper tries to discuss the silence right system in the stage of criminal investigation, the articlestarts from the basic theories of the right to silence beginning, introduces the meaning, the historicalevolution of the right to silence, in order to have a thorough understanding of the right of silence, for laterin the paper.Then the status of China’s investigation of the right and the right to silence in China areanalyzed, the power of investigation with a strong state power backing, the initiative is very strong in thecriminal procedure, but the current law not only the provisions of the right to silence, the law also imposeda criminal suspect answer investigators questions truthfully obligations, when the suspect and theprosecution authorities in opposing, both sides of strength gap.In the absence of legislation system of rightto silence this situation, try to discuss the necessity and feasibility of establishing silence right system inour country.On the basis of previous research results, proposed own viewpoint, namely our country shouldestablish the right of silence in the criminal investigation stage, but given the right to silence the negativeimpact of crime, applicable to the right to silence made some exceptions to rights, taking into account thepunishment of crime and protection.