The Studies On Conflict And Balance Between The Right To Silence And The Interrogatory Power

China 2012 revision of Criminal Procedure Law added the article 50 "anyone shall not be forced to prove themselves guilty",which in essence is the establishment of the right to implied silence in our legal system of Criminal Procedure.While this implied right to silence has just newly established,its legislation and judicial interpretation is not yet clear and is primary and ambiguous. In our judicial practice,investigating authorities still get used to obtaining as a breakthrough and relying chronically on oral confessions in cases. Interrogatory power which is statutory, mandatory and urgent usually violate the civil rights including the right to silence.Because the different natures and characteristics of the right to silence and the interrogatory power,combining with the reinforcement of legal environment,the conflict between them occur frequently.So when establishing a dynamic balanced mechanism between the right to silence as and a private rights and the interrogatory power as a public power,the right to silence and the interrogatory power should compromise and make a mutual concessions.So far as interrogatory power,it should be strictly prohibited when extorting confessions by torture and polluting the evidence, so to achieve the purpose which aims to regulate the interrogatory power itself. As to the right of silence,it should be restricted when used by suspects and defendant who has significant impact and referred to cases which involving vital interests. At the meantime,the accused person should be allowed to choose to give up the right to silence on a voluntary and rational basis. By balancing the right and the power,it can give consideration to both human rights and justice to the greatest extent.