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Prosecuted human right to silence and Human Rights Protection

Author: YangGuang
Tutor: MouRuiZuo
School: Northeastern University
Course: Constitutional and Administrative Law
Keywords: Silence Criminal prosecution of persons Protection of human rights Limited silent
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 170
Quote: 0
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Abstract


Silence is a crime suspects and defendants in criminal proceedings in a modern basic rights . Simply put , its essence is to give criminal suspects and defendants questioning the judiciary remain silent or the right to refuse to answer . Since this system has been generated , many countries in the world are right in domestic law makes provision . Later, with the development of society, the rule of law not only in the Right to Silence country's domestic law is widely recognized , and was recognized by a series of international documents , which became an international human rights law and basic human rights and minimum standards of international criminal world. This paper is divided into five chapters. The first chapter of the introduction part mainly from the Silence theoretical significance and practical significance , combining domestic and foreign research results on the Right to Silence , to determine the content of this study . Chapter II , Silence and development of the proposal , mainly on the Right to Silence of the development process as well as in the development of different countries . Silence from the third chapter describes the legal basis of its links with human rights theory . The fourth chapter analyzes China's current criminal prosecution of persons Silence realities . This leads to the necessity of establishing the Right to Silence . Fifth chapter from the legislative point of view of establishing the Right to Silence make recommendations accordingly , and improve awareness of human rights of our citizens to give recommendations and proposed the establishment of a limited Right of Silence. This innovation is mainly originated by describing the rights of Silence , analyze its legal basis and its links with human rights theory , combined with China's current status of human rights in the criminal prosecution of persons , in order to protect the human rights perspective proposed the establishment of a limited right to silence suited to China's actual regime .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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