论拒绝强迫自证其罪规则——以此为突破口设置我国沉默权制度

On Refusing Forcing Self Proof One’s Crimes Rules——the breakthrough to set the reticence right in our country

沉默权制度一直是我国刑事诉讼领域炙手可热的话题,然而当前是否已经具备了引进沉默权的条件,在我国目前的“本土”环境下其能否有效运行,还需进行辩证的分析。如沉默权所要求的制度条件,沉默权的引进应该暂缓,沉默权与拒绝自证其罪的关系。同时提出了以拒绝自证其罪的角度设置我国的沉默权制度。

The Reticence Right has been hot topic in the field of penal lawsuit in our country, however,whether we have already had the condition of introducing reticence right and whether it can effectively run in the present “native” surrounding is still needed to be discussed. This article objectively analyzed the system condition required by the reticence right and consider the introduction to be put off. In the meanwhile,from the relationship between reticence right and refuse to self prove its crimes, put forward taken refuse self prove its crimes as break through point and gradually set our country＇s reticence right system.