沉默权及其价值的探讨

Discussion on the Silent Power and Its Value

在国外,沉默权最初是为了遏制刑讯逼供而产生的,在以后的发展过程中,又产生了许多与其相配套的制度、措施,因而渐臻完善。为遏制刑讯而产生的沉默权,也由于我国对刑讯问题的曝光而引起人们的极大关注。它在遏制刑讯上的价值是无庸置疑的。但在我国则产生了许多争论。其焦点集中在:要不要引入、怎样引入、引入后又怎么办这几个方面。文章拟从遏制刑讯的角度就沉默权的相关理论及其价值进行探讨,以期能为沉默权在我国的引进和建立提供理论支持。

In foreign countries, at first the silent power was established for the purpose of preventing inquisition by torture. Later, because it has many corresponding set systems and measures, and it gradual becomes perfect. Silent power formed by stopping extorting a confession by torture, and also because of exposing the problem existed in inquisition by torture in our country attracts many people＇s concern. There is no doubt that silent power is of grate value in preventing inquisition by torture. However, it creates many arguments in our country. It focuses on whether we should introduce it or how to introduce it, and what we should do after we introduce it. This article discusses the related theory and its value from the angle of preventing inquisition by torture, hoping to gain theoretical support by introducing and establishing silent power in our country.