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The Research Of The Right To Silence System

Posted on:2020-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
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The right to silence system is an important criminal justice system for the protection of human rights.It embodies respect for the personal dignity and freedom of speech of criminal suspects and defendants,and provides procedural guarantees for the full exercise of their right to defense.It is conducive to preventing the occurrence of extorting a confession by torture,and it also reflects the degree of civilization of a country's criminal litigation legal system.The right to silence system originated in the United Kingdom,and it was developed in the United States,it has been developed and improved in Germany,Japan and other countries.Most of the rule of law developed countries in the world highly recognize the right to silence and incorporate the system of silence into the national judicial system,but China has not yet been established.Some of the provisions related to the right to silence system stipulated in the current Criminal Procedure Law of our country have inherent contradictions and defects in the legislative system.For example,China's "Criminal Procedure Law" provides the principle of "no one can be forced to prove that he is guilty" in order to protect the basic human rights of criminal suspects and defendants.However,the provisions of the "the obligation of truthful confession" that contradicts the spiritual core of the silent right system to protect the criminal suspect's stated freedom have not been abolished.The current conflict of criminal procedure legislation in China will inevitably lead to confusion in judicial practice.Therefore,how to deal with the relationship between the principle of "no one can be forced to prove that he is guilty" and "the obligation of truthful confession" is a problem that must be solved in the process of introduction and construction of the right to silence system in China.With the advancement of the strategy of governing the country according to law,the awareness of the protection of civil rights has gradually increased,and the party and the government have also begun to pay close attention to the issue of human rights protection.In addition,with the exposure and redress of the false and wrong cases caused by a series of tortures in recent years,experts and scholars have gradually realized the urgency and necessity of protecting the rights of criminal suspects and defendants in voluntary confession,and have advocated the establishment of a system of silence to curb this phenomenon.The right to silence system can not only effectively protect the basic human rights of criminal suspects and defendants,but also balance the structure of criminal proceedings and safeguard the procedural justice.In the context of the progressive advancement and deepening of judicial reform,in order to further improve China's criminal litigation legal system,the early realization of the integration with the international legal system and the establishment of the right to silence system are the inevitable choices for building a country ruled by law and advancing the process of judicial civilization.Combining with China's actual national conditions,this paper firstly defines the value of the right to silence system from the origin and development of the right to silence system and its concepts and characteristics.After a comparative analysis of the system of silence in the two major legal systems,the valuable experience can be summarized.Then,based on this,analyze the necessity and feasibility of the system in China.At last.From the three aspects of concept,specific measures and security system,it puts forward constructive opinions on the construction of China's right to silence system,hoping to effectively realizes the institutional value of its human rights protection.
Keywords/Search Tags:the right to silence, portect human rights, governing the country according to law, procedural justice
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