Research on the right to silence system

Author: Sun Changyong
Publisher:
Publish Date: 2001-08-01
Features: This doctoral dissertation consists of an introduction and four chapters, each of which is divided into three parts: "Introduction," "Main Body," and "Chapter Summary." The introduction employs a comparative analysis method to explain the basic meaning of the right to silence, pointing out that it has both broad and narrow interpretations. Chapter provides a rough outline of the historical process of the emergence and development of the right to silence, revealing the fundamental threads of its evolution and the historical conditions. Chapter 2 conducts a comparative and detailed examination of the content of the right to silence system in major rule-of-law countries. Chapter 3 analyzes the debate process and content regarding the right to silence in the United States and the United Kingdom, then theoretically argues for the justification and litigation value of the right to silence, and examines its absoluteness and relativity. Chapter 4 shifts the focus of the research from abroad to the domestic context. It first argues for the attitude of the current Chinese legal system toward the right to silence and its main reasons, then, in light of the divergent opinions in academia, analyzes the necessity and feasibility of establishing a right to silence system in China. It then proposes preliminary ideas for establishing a right to silence system in China in the near future and offers five recommendations on how to create conditions for establishing and developing the right to silence system.