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On the Establishment of Right to Remain Silent

Author: DaiWen
Tutor: ZhouShaoYuan
School: Anhui University
Course: Legal
Keywords: Silence Necessity Idea Limited right to remain silent Security system
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 163
Quote: 0
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Abstract


The right of silence is the modern countries under the rule of criminal justice in the system an important content, is the criminal suspects, defendants truly enjoys the right to counsel guaranteed. To confirm the right to silence and the establishment of a security mechanism of right to silence and realize the procedure, not only reflect a country to the entity and procedural justice, crime control and the protection of human rights in conflict with the lawsuit value choice attitude, but also reflects a country’s criminal justice procedure the crime suspect, the defendant’s human rights condition and the criminal prosecution civilization progress degree. In our country, because suffer traditional culture thought and after founding a state for a long period of time of class struggle,"frank, resist strict" criminal justice policy has been in the conviction and sentencing of play an important role, and the right of silence has been neglected for a long time. The purpose of this paper is to the right of silence system establishment in China was discussed, and puts forward the suggestions on the establishment of right to silence the rational idea, also seen in some cases should be limited right to silence. In fact, the silence right system design should be consistent with the interests of both the judgment standard, technology should also facilitate operation.The whole paper consists of introduction, text, conclusion of three parts, the text is divided three chapters.The preface mainly discusses what is the right to silence, the silence right in the international history of the development of the right to silence, the advantages, shortcomings and the theory circle of our country on the right to silence the representative point of view, so as to put forward our country to should set up with Chinese characteristics, the idea of system of right to silence.In the first chapter of this paper from China’s existing relevant right to silence the ideological basis and legal basis, from the protection of human rights, implementation of the principle of presumption of innocence, to ensure justice, fulfill its international obligations, in line with international standards in four aspects: establishment of silence right system in China is to represent the general trend.The second chapter is the focus of this paper, mainly introduced the establishment of silence right system in China in. First from the criminal proceedings three phase proceed with, discussed the criminal suspects, defendants in the investigation stage, the stage of review and prosecution, trial stage enjoyed the right to silence, and then discusses the effect of exercising the right to silence, silence right up against the rules of right of silence, the consequences and other related content. In discussing our country should establish a limit silence power system at the same time, also discusses the limit silence power system application exception.The third chapter from the system to improve and guarantee the aspects elaborated how to ensure that the silence right system in our country is carried out smoothly. In the system, proposed to establish the principle of the presumption of innocence, in Criminal Procedure Law stipulates any person without the judgment of the court, all the innocent; cancel "to tell the truth" obligations; reform interrogating the defendant trial way; to improve the system of witness; perfect the legal system, enlarge the legal aid; to establish the system of illegal evidence exclusion rules; a ban on the silence for the adverse inference.

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