The perfection of the Chinese-style system of the right to silence
For nearly half a century, China’s criminal procedure law has been developing in the direction of human rights protection, but it still has not established a perfect human rights judicial protection system. On the occasion of the fourth revision of the Criminal Procedure Law, it is proposed to estab...
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| Format: | Article |
| Language: | English |
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Penerbit Universiti Kebangsaan Malaysia
2024
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| Online Access: | http://journalarticle.ukm.my/25261/ http://journalarticle.ukm.my/25261/1/JD%2012.pdf |
| Summary: | For nearly half a century, China’s criminal procedure law has been developing in the direction of human rights protection, but it still has not established a perfect human rights judicial protection system. On the occasion of the fourth revision of the Criminal Procedure Law, it is proposed to establish a human rights protection system with the right to silence as the focus. The reason for this is that the premise of the right to silence is the principle of presumption of innocence, the right to silence is expressed the privilege against self-incrimination in the law of criminal procedure, the right to silence requires the cooperation of the right to defend by a lawyer, and the legal consequence of violating the right to silence is to exclude illegal access to evidence, and these systems in China’s Criminal Procedure Law are not perfect. Therefore, the construction of a Chinese-style right to silence is conducive to improving the human rights protection system in China’s Criminal Procedure Law. The Chinese-style right to silence system should add the principle of presumption of innocence, abolish the existing “truthful answers”, improve the right of lawyers to defend, introduce the right of lawyers to be present, and improve the rules for the exclusion of illegal evidence. It is necessary to use comparative methods to introduce mature experience from other countries to eliminate contradictions in the criminal justice system, and to find and improve the deficiencies in judicial practice, so as to achieve the goal of protecting human rights. |
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