未雨绸缪沉默权

Take Precautions for Reticence Right

随着我国法制的不断健全和刑事诉讼制度的变革 ,特别是我国加入了《公民权利与政治权利国际公约》后 ,现行的刑事诉讼制度以及侦查工作中的一些措施与权利公约和法制建设的矛盾显现出来 ,其中尤其引人注目的刑事沉默权问题已经引起了法学界和司法界乃至社会公众的广泛争议。笔者从侦查的角度 ,对我国引入沉默权进行未雨绸缪的分析探讨 ,力图在人权保障和提高侦查效率之间寻找一个平衡点 ,即结合国情有效有限行使沉默权。

As the legal system is being constantly perfected and the criminal lawsuit is being reformed in our country, especially after we entered the 《International Convention on Citizen Rights and Political Rights》, the contradiction appears between the present criminal lawsuit system, some measure in investigation work and the right convention, legal construction, in which the problem of criminal reticence right has been aroused wide spread dispute among legal and judicial field, even the whole society. The author takes precautions to discuss the introduction of reticence right to our county through the angle of investigation, trying to find a balance between human rights protection and investigation efficiency improvement, that is to carry out the reticence right effectively and limitedly in view of our national conditions.