On The Construction Of System Of Right To Silence In Our Country

Silence is criminal suspects and defendants in criminal procedure of an important rights.Silence originated in the late 16th century England,In the 1960 s the famous American "events" Miranda,Formed a "Miranda rule".This in the United States and around the world were introduced,and gradually been recognized by most countries.Silence is an litigation rights in the Anglo-American law system,it is an important means to assure the procedure justice to,Are today's most of the country under the rule of law in the criminal procedure law to make clear a regulation,even into the constitution.At the same time,the rule was confirmed by international organizations.In 2012 the new criminal procedural law in the general article 2 increased the content of "respect and safeguard human rights",In article 50 of the increased "shall not force anyone to prove themselves guilty" regulation,To set the silence discussion to a new level.In this paper,in the perspective of misjudged cases prevention,silent right system in our country build problems from four parts to explore.Start with Du Peiwu case,SheXiangLin case and zhejiang zhang an uncle case series wrongs for the Angle of enlightenment,Proposed whether criminal suspects should enjoy the silence,the silence of the procedural justice can safeguard the criminal suspect and silence of the criminal suspect enjoy how related problems.Secondly it introduces some basic theory problems to silence.Mainly includes,The specific content of the concept and features of right to silence,silence,and set the necessity of right to silence as well as outside of silence has advance regulation,matter and afterwards regulation and so on a series of theoretical issues.Then,just setting process there is a detailed analysis of the plight of the right to silence in our country,In the process of current our country the right to silence in setting the main problems are as follows:There is no direct provision in the constitution to silence;Legislation on the lack of corresponding supporting system to ensure the implementation of the right to silence;Desalination individual right concept of traditional culture;The murder will break the ideal pursuit of;Light heavy fighting crime and guarantee human rights;A high incidence of criminal case investigation and insufficient capacity.Finally from the rational perspective that should be adopted in building the right to silence in our country.This section is divided into two parts,Which construct the system of right to silence in our country to construct the feasibility analysis and construct the system of right to silence ought to choose.Especially in the deep thinking should be the choice of silence system aspect,The main present views as follows:The establishment of silence legitimacy;Establish and perfect the relevant supporting system;Enjoy the silence of the express clear suspect;The procedural justice guarantee the silence of the criminal suspect;Criminal suspects should enjoy the silence of the generally accepted combined with specific restrictions.