In Terms Of The Legislation Of The Criminal Silence Right Of Our Country

The system of criminal silence right reflects the idea of the esteem and protection to human rights, which is a symbol of the progress of a country under rule of law. The right to silence is a very significant litigant right what criminal suspects is entitled by many countries. The system of criminal silence right is a right which is still a contentious one since it has been legislated, and then the countries who legislated it also respectively restricted this right. However, the attitude of we China to the legislation of criminal silence right is not explicit all the time, which makes criminal silence right can not be legislated in China. As far as I am concerned, the legislation of criminal silence right is an inexorable trend. But the legislation of a legal system should be on the basis of national conditions and the concerns of possible problems,if we want to legislate one appropriate right. So the aim of this thesis is to discuss the legislation of criminal silence right.This thesis is divided into four parts: The introductory theory is to introduce the background of the subject and the significance of this thesis. The first chapter is an overview of criminal silence right. It starts with “Miranda Warning” of America, in which to discuss relevant fundamental conception, historical development, values and legal theory of criminal silence right. The second chapter is a feasibility analysis to the criminal silence right by the presentation of the legislation and juridical practice of foreign criminal silence right and the analysis of the relevant legal system and juridical practice of our country. The third chapter is to reveal the possible plight we may face to when legislating criminal silence right by analyzing the relationship between traditional culture of our country and criminal silence right, as well as the problems we may encounter. The fourth chapter is the suggestion to the legislation of criminal silence right. Including legislating principle of criminal silence right, legal construction mode, the legislation and improvement of relevant assorted system,as well as the restriction of criminal silence right.