关于沉默权制度建立的法律探讨

On the Establishment of the System of Right against Self-incrimination

沉默权是指在刑事诉讼中 ,犯罪嫌疑人、被告人享有不自证其罪 ,可以对司法人员的讯问保持沉默的权利。世界上很多国家在刑事诉讼立法上都规定了沉默权。采用沉默权制度有利于保障人权。随着我国《宪法》的修正 ,将国家尊重和保障人权写入宪法 ,我国的刑事诉讼法也应该相应引进沉默权制度 。

s: Right against self-incrimination refers to the right of silence, that is, the criminal suspect and the accessed have the right to keep silence and do not to prove themselves guilty of a crime before the charges during the whole process of criminal procedure. Many countries have set up this system to help protect human rights .We have ranged an amendment in Chinese constitution, declaring openly that China respects and protects human rights. Accordingly system of right of silence should also be introduced into the criminal procedure law. We should set up this system with Chinese characteristics.