Research On The Perfection Of The Right To Silence System In China

The right to silence refers to the right of criminal suspects and defendants to choose whether to answer or not in the face of judicial interrogation in criminal proceedings,and not to make unfavorable legal cons equences for them because they choose to be silent.The right to silence has several major categories such as “expressive right to silence” and “right to silence”?“obvious right to silence” and “implicit right to silence”.The right to silence system has a natural connection with the principle of presumption of innocence.The rule of exclusion of illegal evidence is an important guarantee.The rule of non-compulsory self-incrimination contains part of the system of right to silence,but the two are independ ent of each other,but the content is cross-related.The principle of not being forced to self-incrimination is independent of each other,but the content has a mutual relationship.There are three viewpoints on the establishment of the system of silence in China: "not yet established","already established" and "a reasonable core of the principle of the right to silence." China has not only established the rational cor e of the right to silence system in the spirit of criminal legislation,but also establish ed a system of silent rights with Chinese characteristics in the legislative system.The “true confession” of criminal suspects and defendants is not an obligation,b ut a right,and it is optional.It is an opportunity for criminals to obtain a lighter or mitigated punishment.The provisions of the supervision law do not contradict and conflict with the system of the right to silence.The obligation of the investigator to provide truthful confession of the duties of the duty crimes can be regarded as an exc eption to the system of silence.China's judicial practice circles use the "true statements" obligation to circumvent the right to silence,and later advocate "zero co nfession cases" and their rules.In the judicial practice,the application of the right to silence system has been reported.Further perfecting China's right to silence system is necessary to effectively curb extortion of confessions by torture,implement rules that are not forced to self-incrimination,comprehensively implement the principle o f presumption of innocence,and effectively protect human rights and procedures.The research results at home and abroad provide useful lessons and experience.The ex isting series of related systems paves the way for the perfection of the right to silence system.The awareness of civil rights in China is constantly improving,and it is feasible to improve the system of silence.To perfect the principle of presumption o f innocence at the level of constitution and criminal procedure law,to improve the rules for the exclusion of illegal evidence and the system of confession and punishment of guilty,is the need to improve the supporting system of the right to silence syst em.Legislation to perfect the implied right to silence,the right to silence in the futur e legislation,and to improve the exceptions,is a legislative improvement program.Through the judicial interpretation to straighten out the complicated relationship in the legal provisions,try to write a written "right to silence the obligation",improv e the level of handling cases,and eliminate the "problem for the king" to solve the problem,is a judicial system that contributes to the implementation and improvem ent of the right to silence system.Strategy.