The Construction And Research Of The System Of The Right To Silence With Chinese Characteristics

In the judicial system to the course of civilization,the construction of system of right to silence of the construction of the rule of law civilization plays a pivotal role.As one of the contents of the concept of human rights,the system of right to silence has been obtained in the legislation in many countries,in some international authoritative documents also got approval,these are enough to prove that system of right to silence is rich in theoretical basis and legal value.About whether or not the present should be clear the legal status of the right to silence in the law,there are all sorts of controversy in academia and practice.The author thinks that,to silence system not only embodies the respect for the rights of citizens,but also realize the procedural justice and effective weapon,therefore,China should construct the system of right to silence with Chinese characteristics,and establish and perfect the relevant supporting system.This article from the concept,theoretical basis,development course of silent and controversy in our country and the right to silence and the reality of the situation facing two aspects of system analysis,the right of keeping silence,at the same time,from the view of necessity and feasibility of the our country present stage build system of right to silence the conditions are mature,finally puts forward the thinking and suggestion of constructing Chinese characteristic system of right to silence.