Research on the Issue of the Right to Silence: Also Discussing How to Combat Torture and Coercion in Criminal Investigations

Author: Chen Guangzhong
Publisher:
Publish Date: 2002-06-01
Features: The right to silence is closely related to the issue of curbing torture, but it is not entirely the same thing. According to incomplete statistics, in recent years, there have been at least 200 papers and articles published in various newspapers and periodicals on the right to silence. Scholars and experts have held diverse views and proposed various different opinions. Broadly speaking, there are three representative viewpoints:
First is the "Introduction Theory," which holds that the right to silence is the crystallization of human litigation civilization. Currently, the social conditions in China for implementing the right to silence have matured, and it is recommended to quickly introduce it through legislative procedures to grant suspects and defendants the right to silence.
Second is the "Rejection Theory," which argues that under the current severe crime situation, it is not advisable to introduce the right to silence rashly, as it would otherwise impact social security conditions and affect social stability.
Third is the "Limited Application Theory," which maintains that the right to silence should be recognized in principle, but it should not be applied to crimes such as organized crime, terrorist organization crimes, drug crimes, money laundering crimes, violent crimes that severely endanger public interests, and official misconduct crimes like corruption and bribery.