Reflection on the Establishment of the Right to Keep Silence with Harmonious View

Chang Zhen · Western Law Review · 2009

The judgment of American Federal Supreme Court about the case that Miranda sued Arizona enables the final establishment of the right of silence system in the American.In the past decades,it has been imitated and established by more and more countries.It has become an important component of criminal judicial system in modern legal countries.It is the foundation whether the suspect and the accused person really have the right to defense or not.This article analyses the meaning and the present situation of the right of silence.Based on the analysis,the author demonstrates the necessity and the feasibility of setting up this system in China so that it can return to its standard in the judicature of our country.

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