沉默权制度研究-诉讼法学专业论文.docx

Abstract The right to silence originated in Britain, and has been established in many countries in the world.However,it has not been introduced into our country. In the process of the newly revised criminal procedure law of China, respect and protect human rights and no person shall be forced to prove his guilty provisions add into the law. But the law has not adopt the right to silence,so that it sparks controversy on right to silence. To make it clear what is the right to silence ,the paper studies the meaning and the origin of the right to silence.By reviewing of some western countries’ history of perfecting the system of the right to silence through the way of flexibility and restriction according to their own national conditions,in combination with the exploration and the controversy of the right to silence and its existing view in our country, in connection with the legal basis and the current situation in our country,the paper shows that our nation has had the condition of introducing the right of silence from advantages and disadvantages sides.Then distinguish the right to silence and the new “privilege against self-incrimination”in criminal procedure law to show that the right to silence has not been established in our nation yet.The paper discusses how to deal with the relationship between the obligation of faithful statement、the rule of “no testimony”and the policy of “leniency to those who confess and severity with those who refuse”and it.The paper gives an advise of establishing the right to silence of a Chinese style by establishing plea agreement,improving the system of attendance of witness,developing the technique of criminal detection,and so on.I believe the above measures can make an interaction effect between the right to silence and them and our nation will establish the right to silence according with our national conditions finally. Key words: the right to silence；the system of right to silence;the right against self-incrimination;human-right