2005Academic Forum of Nan DuRequires access

On Several Problems about Right of Silence

Shao Dong-hua

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Abstract

Right of silence refers to the criminal suspect,defendant, who is not forced by any cases, enjoys the right to choose stating or not (including unfavorable stating to one's own) when he is accepted interrogation or is accepted hearing before a court.Right of silence is a fundamental right of criminal suspect, defendant of modern legal country in criminal suit; it is an important safeguard of the criminal procedure of administration of justice too. Looking from judicial practice, right of silence has already been confirmed by most countries and a lot of international legal files of UN. There are many problems to establish right of silence system in our country, but it is the direction of criminal justice reformation of our country.

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What this paper is about

Right of silence refers to the criminal suspect,defendant, who is not forced by any cases, enjoys the right to choose stating or not (including unfavorable stating to one's own) when he is accepted interrogation or is accepted hearing before a court.Right of silence is a fundamental right of criminal suspect, defendant of modern legal country in criminal suit; it is an important safeguard of the criminal procedure of administration of justice too. Looking from judicial practice, right of silence has already been confirmed by most countries and a lot of international legal files of UN. There are many problems to establish right of silence system in our country, but it is the direction of criminal justice reformation of our country.

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Available abstract

Right of silence refers to the criminal suspect,defendant, who is not forced by any cases, enjoys the right to choose stating or not (including unfavorable stating to one's own) when he is accepted interrogation or is accepted hearing before a court.Right of silence is a fundamental right of criminal suspect, defendant of modern legal country in criminal suit; it is an important safeguard of the criminal procedure of administration of justice too. Looking from judicial practice, right of silence has already been confirmed by most countries and a lot of international legal files of UN. There are many problems to establish right of silence system in our country, but it is the direction of criminal justice reformation of our country.

Key concepts: Suspect, Silence, Law, Interrogation, Criminal procedure, Political science, Criminal justice, Criminology

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