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System Of Right To Silence In Our Country For Legal Existence And Perfect

Posted on:2016-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2296330470465621Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The privilege against self-incrimination has been formally added to the criminal procedure law of our country in March 2012,this legislative measure show that our country have the determination to build a state ruled by law. However, does this legislation means that the system of right to silence has been established in our country? There are so many different views in our academic circle about it. Of course, there have the positive opinion insist that the system of right to silence has been established in our country, and also have the negative opinion. Despite all this,the author even rely on the legislation clause of our criminal procedure law as the starting point and ending point, insist that the system of right to silence has been established in our country.In this article, the first, the author choose “the academic controversy about whether the system of right to silence has been established in our country” as a beginning to expound the connotation /origin / development of the right to silence and its’ basic condition of our country. The second, the author choose “the legal construction about the system of right to silence in our country” as objective, analyze the legal composition of the system of right to silence in our country and its’ legitimacy. The third, the author demonstrate the rationality about the system of right to silence in the law of our country by “ use the method of comparative studying in different countries about the system of right to silence”.The last, the author find“the way to solve dilemma” by analyzing “the realistic dilemma” of the system of right to silence in our country.
Keywords/Search Tags:the protection of human rights, right to silence, the privilege against self-incrimination, obligation of truthful statement, frankly leniency system
PDF Full Text Request
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