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On the idea of establishing Silence

Author: QiuWeiZuo
Tutor: WuHongYao
School: China University of Political Science
Course: Legal
Keywords: Silence Criminal suit Necessity Establish Idea
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 430
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Abstract

With the increasingly high degree of civilization of mankind, increasing protection of human rights by the community's attention. It is in this basis, the right to silence into people's vision, and in many countries, legislative and judicial be provided, and with the progress of the times continued to develop and perfect. According to the advanced experience of many other countries, is conducive to the establishment of Silence on the fair and equitable procedures, is conducive to fully protect the citizens of the corresponding right of action to help the development of advanced scientific rules of evidence, it is inhibited torture, to prevent countries abuse of power is an effective means to fulfill the requirements of due international obligations. Thus established in our country Silence is very necessary. However, China has a long feudal history, traditional legal concepts and unique situation exists with the right to silence is difficult to reconcile conflicts. Chinese traditional deep-rooted historical and cultural impact of existing litigation conflict model and Silence, investigative techniques and various other factors have led behind the Right to Silence difficult to successfully created. If the rash to the Western countries, the existing right to silence mechanically introduced into China with our legal system may have a strong conflict, and counterproductive. Thus, the establishment of a new system, it is important that it is not how how advanced, but rather whether the environment to adapt. Therefore, the author believes that China has established Silence shall learn from foreign advanced experience, based on learn to go bad, combined with the specific national conditions established with Chinese characteristics Silence. The only way to make the right to silence this exotic and adapt to China's national conditions, to establish the factors that hinder the right to silence the elimination of 11 to establish a smooth and thoroughly integrated into our entire judicial system to play its proper good effect, to protect dignity and fundamental rights of citizens, to prevent torture, to prevent excessive expansion of public power purposes. In this paper, a comparative analysis of research methods to compare the UK, the U.S., Japan, Canada and other countries Silence historical process of development and their implications for the right to silence, the contents of the different provisions, compares the right to silence and other relevant principles and systems relations and differences between; paper uses a literature analysis research methods, the creation of a large number of domestic and foreign scholars of literature about Silence carefully read the relevant theories were summarized, and learn from, with reference to a number of scholars differences of opinion. This paper is divided into four chapters to be discussed: The first chapter is Silence overview, this chapter includes the meaning of Silence, Silence content associated with the right to silence and the right to silence the meaning of the concept of four aspects. Silence different countries introduced the concept and content of the different understanding, summarized the related concepts as well as with the right to silence the links and differences between them, and reveals the significance of Silence. The second chapter is the status of Silence in China, this chapter includes the status of Silence in ancient China, Silence in the situation of two modern China. Introduction of too much emphasis on the traditional concept of confessions, as well as the relevant provisions of the existing law, to a certain extent, reveals the difficult to successfully establish our right to silence causes. The third chapter is the idea of ??establishing Silence important part of this article, including the establishment of the necessity of Silence, Silence created obstacles and Silence in the idea that China has established three. Silence discussed the necessity to establish in our country where, analyzes the various factors that hinder the establishment of Silence, and ultimately made according to China's actual situation, the establishment of the right to silence specific conditions in line with our vision and made for some special cases and special Silence restrict the subject of view. In addition, you also need to establish and improve relevant supporting systems so interconnected with the right to silence, mutual influence, thus creating a favorable environment for the rapid development of our country and Silence in perfecting. Conclusion This chapter summarizes the main content, and again raised the author's view that the actual line with China's specific national conditions to establish the right to silence, and in exceptional cases, to limit the right to silence, the right to silence in order to establish a smooth and thoroughly integration among our entire justice system, to protect the citizens of their human dignity and fundamental rights, to prevent torture, to prevent excessive expansion of public power purposes.

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