Legal Principle Analysis About Privilege Of Silence

We have all heard sayings similar to this in the Gangster movies like “You have the right to not speak,but what you say will be sworn!” which contains a legal system that is closely related to people's basic rights--Privilege of Silence.Up to now,privilege of silence existed over two hundred years all around the world.The law circles and the judicial practice circles cannot reach consensus on the assessment of privilege of silence during its long process of development.However,it has been proved that Silence has its theory foundation and lawsuit value of its necessary being.Privilege of silence is a basic procedural rights and personal rights against public power which can safeguard personal action.Our country is rapidly developing now and is making complicated conflict of interests,we should get to the root and establish privilege of silence which is objective necessity of the judicial system and also accord with the international development trend of the judicial system.There are more advantages than disadvantages in establishing the right to silence in our country and which should make full consideration on our national conditions and traditional customs.Furthermore,we should fully understand the intension?origin?development and legal basis of privilege of silence.This article has been separated into five parts.The first part is the introduction of the concept and analysis of the intension of privilege of silence;Research and analyse the international point of views on this legal system and make it of our own.Analyse the root of worldwide privilege of silence basic on related materials.The second part is seeking into the reason of the Silence deficiency and significance of the foundation.The third part is the illumination of the special significance of setting up the silent right in China.Deep analysis about legal basis of Criminal privilege of silence which considered as equality?human rights and procedural justice.Emphasize the privilege of silence materialize the principle of all men's equality and which reflects the legal value of justice.It is an important part of citizens' right to make free speech.The forth part is the introduction of the origin and its historical development and analysis of international experiences from other countries.The fifth part is putting forward the preliminary conception to establish a system of right to silence in China,including legislative level?founding of specific constitutional rules and institutional assurance.