Chen Guangzhong: the Right of Silence has No Support from Those in the Administrative Sphere

• Author: Wang Lina

The Right to Silence will not Become Law

According to tenured China University of Political Science and Law Professor Chen Guangzhong, who participated in the entire process and explained the criminal procedure law revision, the vast majority of people from the Department of Public Security, proceratorate and court do not endorse the right to silence. The majority of those within the academic sphere support the right to remain silent, but there are also those who do not. In some situations in China, verbal confessions not only serve as a type of evidence but as evidence integral to the case. The Department of Public Security, proceratorate and court have a definite dependence on verbal confessions, and think that instituting the right to remain silent would not be conducive to ascertaining the truth.

The “Truthful Confession Clause” Should Be Removed

Not including the right to remain silent in the new law is understandable, but I maintain that the “truthful confession” clause should be removed. Not answering truthfully produces unfavorable legal outcomes. According to the policy of “leniency to confessors, severity to resisters,” failing to answer truthfully is a form of resistance. Of course, there is no such provision in the current criminal procedure law, but in practice, it has a definite impact in the meting out of punishment, and may result in the infliction of heavier punishment within legal boundaries. If this clause is not removed while at the same time the right to remain silent is not instituted, then “no self-incrimination” clause in the new law will become little more than a catch-phrase.

There Should Be Limits on the Time Frame for Secret Arrests

Under the current criminal procedure law, suspects’ families were not be notified in any cases in which such notification could hinder the investigation. For this reason, it was possible to avoid notification in virtually every case. Now, Article 84 of the draft will mean that, aside from...