A Constitutive Thought on the Right to Silence
Ying Xiao-hu · Xiandai faxue · 2002
The thesis holds the right to silence is primarily a right regulated in the constitution and the relevant to silence given by the procedural laws is just one of substantialized rights deriving from the constitution. Confirming the right to silence precipitates the ultimate goal of the constitution in safeguarding the human rights, and is a tendency to the democratic constitution. Public confirmation in the constitution embodies requirement of the democratic politics embodies the requirement of the democratic politics.