论沉默权宪法保护-法学理论专业论文.docxVIP

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract Silent right is an important right that the criminal suspect and the defendant enjoy in Crimimal Procedure Law, and that is one important content in the mordern law-ruled country of judicial systems which embody human rights protection. Although China has recognized the Right to Silence is a fundamental right of citizens, but not yet recognized in the Constitution. The author also notes that the discussion on the Right to Remain Silent and research are mostly from the perspective of the procedural law, on a single point of control to a large extent on the issue in-depth study and explore. In view of this, the author of the Right to Remain Silent rich system of research, promote Chinas progress in the rule of law and protection of human rights objective of revised to try to constitutional values from the perspective of the Right to Remain Silent conduct more in-depth reflection and study with a view to the first confirmed in the Constitution silent The right to the concept, and then gradually introduced legislation in the judicial system and to be perfect, in my terms of reference of such a long-standing mechanism of action by the interdependence of the cultural soil in the cultivation of this new system of the Right to Silence of the system varieties, is of important practical significance And also with Chinas national conditions and needs of the status of judicial practice. In this paper, a total of four parts. The first part from the Right to Remain Silent and constitutional values start with the connotation. the second part of a detailed analysis of the Right to Silence of the three areas of constitutional values, namely the Right to Silence of the constraints on public power, justice and the protection of human rights litigation, focusing on the protection of human rights from three Areas were also discussed, for the next part of the Right to Remain Silent in the constitution was foreshadowing. The third part o