发布网友 发布时间:2022-04-23 06:35
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热心网友 时间:2023-09-28 07:51
In 2012,the newrevised"the people's Republic of ChinaCriminalProcere Law"officially released.Thelawstipulates clearly that the fifty-fifth,no person shall be forced to provehimself guilty.The first timeChina willbeforced towrite"Criminal Procere Law"self-incrimination,the existenceof positive significance,but has its limitations.The privilege against self-incriminationand the right to silenceisclosely linked,to give anyonethe privilege against self-incriminationprivilegewillallowin the indivialbeobject of governmentaccountability,have the right to remain silent,this isakind oflogicrelation.Can say,the privilege against self-incriminationis ageneral principle,and the right of silenceis one of thespecific pathand method of realizingthis principle.Why isChina'sonly providesnoprincipledforced self-incrimination,and not specificallytodirectthe establishment of silence right?What are theobstacles in theimplementation ofChinato establishthe right of silence?Chinesejudicialto realize theright to silencespecific applicationhow towalk?The purpose of this paper is tonotbe forcedself-incriminationand the right to silencethe origin and history of the development,connotation,theoretical basisandspecific situationChinajudicialconflictsare introced.As theChinesejudicialsystemof legalization,providing some suggestionsof scientificreform.追问是手工翻译的么~
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热心网友 时间:2023-09-28 07:51
In 2012, the new revision of the People's Republic of China official publication of the code of criminal procere. 55th article of the Act clearly provides that no one may be forced to prove their guilt. China's self-incrimination may be forced for the first time enshrined in the code of criminal procere, there was a positive, but it has its limitations. Shall be compelled self-incrimination and right to silence does have close links, give no person shall be compelled self-incrimination of privileges must allow indivials to become objects held by the Government have the right to remain silent, that is a logical dection of the internal relationship. It can be said that shall be compelled self-incrimination is a general principle, and the principle of the right to silence is to achieve specific paths and methods. Why only for self-incrimination principle may be forced, and not specifically to the direct establishment of reticence right? In the realization of the right to silence in China what obstacles on a set? Justice to achieve a concrete application of the right of silence in China still has a way to go? This article seeks to not to be compelled self incrimination principle and origins and historical development of the right of silence, theoretical basis and connotation, and contradiction between China's judicial situation and other aspects of the discussion. For the legalization of the Chinese judicial system, reform of the scientific process offers a suggestion.