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The Usage on System of Silence Power in Our Country

Author: GuoXueHui
Tutor: MengQingHua
School: Hebei University
Course: Procedural Law
Keywords: Right to silence Self-incrimination Suspects
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 69
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Abstract


Establishment of the right to silence , to effectively protect the suspects in a weak position in the criminal proceedings , the defendant's human rights , the balance of rights and obligations of the parties towards democratization criminal proceedings embodies , but also human leads to civilization performance. But its disadvantages should not be overlooked : the one hand , the realization of procedural justice may sometimes be the cost of the loss of substantive justice , one - sided emphasis on the right to silence , easily indulge crime . Contrary to the purpose of this Code of Criminal Procedure to take into account the protection of human rights and the fight against crime . To do this, you also need to make the necessary restrictions on the right to silence . In this paper, drawing on the Western countries on the successful experience of the right to silence , the right to silence system applicable envisaged . The introductory section of this article briefly describes the scholars for the doctrine of the right to silence system , and to establish a line with China's national conditions , limited right to silence system on the basis of the benefits and drawbacks of comparing the system keeping silent . The body of this paper is divided into four parts. The first part focuses on the provisions in the countries of the content and the right to silence of the right to silence , the second part of the scholars at home and abroad for the right to silence of doctrine and by type , and the third part of the legislation of the Right to Silence defects clarify fourth part discusses the necessity and feasibility of Silence Privilege System , the last part of the established in line with China's national conditions and the right to silence regime envisaged on the basis of past experience . In summary, this paper to learn from the successful experience of the practice of the right to silence of Western countries , combined with China's national conditions , analysis of the right to silence system in the application of our proposed system the idea of establishing the conditions of our country 's right to silence , and hope to our future legislation and judicial practice of the criminal proceedings be helpful .

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