“说谎权”抑或真实供述义务:沉默权之后的两难选择——规制被告人说谎行为的比较法研究

The Right of Lying or the Liability of Telling the Truth: The Difficult Choice After Giving up Silent Right——A Comparative Study on Regulations on Defendants' Lies

在法官主持的讯问中,针对被告人的说谎行为刑事诉讼中有两种立法规制,英国规定被告人具有真实供述义务而德国赋予其说谎权。说谎权体现了对被告人人格尊严的尊重,但不利于事实真相的查明、诉讼效率的实现。这与我国对英国和德国的法律特点的总体认识出现背离。通过对英、德两国司法制度的比较,揭示了法律是一个有机的整体,立法要注意与该国其他法律制度相契合,要与本土资源相吻合。进而思考我国在立法规制被告人的说谎行为时应当予以关注的问题。

There are two systems of regulation on defendants＇ lies in interrogations presided by a judge： one is British system that prescribes liabilities of defendants to tell the truth; the other is German system that entitles defendants to lie. The right of lying does no good to find out the truth of any case or fulfill the pursuit for speedy trial, although it displays the respect to dignity of defendants. It seems that the above opinion betrays our traditional understanding on features of both British law and German law. We, through the comparative study on legislations in both the Great Britain and Germany, disclose that law is a systematical and interdependent entity and that one country＇s legislation should match with its own characteristics and should find out the correlation between legislations in other countries and their own. Based on the above analyses, we list concerns to which we should attach importance when our country set out to establish laws to regulate defendants＇ lies.