| After my country signed the "International Covenant on Civil and Political Rights"in 1998,whether my country should establish the right to silence system has become a hot issue in the criminal procedural law circle.The theoretical circle mainly has three representative views:affirmative theory,negative theory and postponement theory..In 2012,Article 52 of the Criminal Procedure Law stipulated that "no one shall be forced to prove his guilt."After that,many scholars once again called for the establishment of my country’s right to silence system.With the advancement of the construction of the rule of law in China,the establishment of the concept of judicial protection of human rights,the growing awareness of civil rights,the exposure and correction of unjust,false and wrong cases,and the protection of the legal rights of criminal suspects in accordance with the law have become a general consensus in the whole society.In this context,in accordance with the basic requirements of the United Nations criminal justice norms and combining my country’s national conditions,constructing a system of the right to silence with Chinese characteristics is an important issue in the reform of my country’s criminal procedure system.This article is divided into four parts:The first part:the basic theory of the right to silence system.From the concept and characteristics of the right to silence system(concepts,the specificity of the subject of rights and obligations,the specific purpose,the specificity of the operating mechanism),as well as the discrimination of the right to silence and the confusing related concepts,the value of the right to silence system is analyzed..The second part:the investigation of the extraterritorial law of the right to silence system.By discussing the countries that have established the right to silence system outside the territory and the development of the right to silence system in various countries,it distinguishes the difference in the right to silence system between civil law countries and common law countries.So as to provide guidance for our country to construct the right to silence system.The third part:the feasibility of constructing our country’s characteristic right to silence system.Mainly from the ideological and conceptual basis,such as the general consensus on the protection of human rights,the existing legal system foundation related to the right to silence in our country,the development of criminal investigation techniques,and the continuous emergence of practical cases of "zero confession",etc.Possess the foundation for constructing the right to silence system.The fourth part:the content composition of our country’s characteristic right to silence system.Discuss the right to silence system that our country should construct from the rules of the right to silence notification,the rules of exercise,the legal consequences of infringement of the right to silence,the post-relief of the interrogated person,and the exceptions to the system of silence(including exceptions and exceptions). |
