沉默权的抉择与我国法制建设

The Choice of Right of Silence and China's Legal Construction

沉默权制度在西方国家实行了多年,在当今严重犯罪迅猛增长的情况下,就连英国这个沉默权制度的发源地,都在对它进行反思,已经做出重大的调整,我国更应借鉴它们的经验,对这个问题持慎重态度。不管研究和引进任何诉讼制度,都不能不考虑司法实践的现状和需要。

The system of right of silence has been practiced for many years in the West. Nowadays, because serious crimes have rapidly increased, England, that firstly adopted the system of right of silence, has reconsidered it and made important adjustment. So China should learn from them and adopt prudent policy about it. Whatever litigation system be studied and introduced, we should consider the status quo and need of judicial practice in China.