中国沉默权的确立和制度构建.pdfVIP

Abstract The establishment of the right and the system of China The establishment of the right and the system of China Abstract The right of silence is an important part of the criminal justice system in modern country under the rule of law, and consists in whether the foundation of enjoying the right or not to counsel for the suspect and the accused person. Whether the right is confirmed or the procedure system is established can not only reflect a nation’s selective attitude towards conflict lawsuit value between real entity, justice procedure, punishing crimes and protecting human rights, but also reflects the conditions of a criminal suspects and defendants in the criminal procedures of a country, and the degree of the progress of criminal justice system. It has been widely accepted by most of the countries in the world, since it was established in 1641 in Britain. What’s more, it has been confirmed and protected by the international human rights convention, and has been internationally agreed on. What’s more important, it has become one of the basic guarantees of criminal justice. The following is aimed to give explanations and exploration to the concept, the origin, and development of the right of silence. It focuses on the current situation of the problems of the right of silence, and gives proof to the necessity and possibility of the establishment of the right of silence. It will also combine the reality of China with the common practice of international society, and design the relevant system proposal of it; it also puts forward the solutions to the problems in carrying them out. The purpose of it is to ensure human rights and proced