试论沉默权制度在我国的限制适用

Attempting to Discuss the Limited Application to the Right of Remaining Silent Institution

沉默权最早起源于英国 ,其法律本质就是不被强迫自证其罪或不被强迫自我归罪的特权。我国目前尚未确立沉默权 ,但随着与国际接轨的需要和侦查技术的提高 ,我国有必要确立沉默权。但在确立沉默权时基于犯罪特点和公共安全的需要应有必要的限制。

The right to remain silent originated earliest from Britain, its essence of the law is a privilege that not to be conceived to testify his guilty or be forced to attribute a fault to himself. Up till now, our country hasn't established the right to remain silent, but because of the requirement of approaching the world and promotion of investigation technology, our country is required to establish the right of remaining silent. But aimed at the crime characteristic and the requirement of public security, when the right to remain silent is established, it should have some necessary limitation.