不负责任的法庭陈述权——英美法被告人未经宣誓陈述权制度介评

Irresponsible Right of Statement in Court: On the Right of Unsworn Statement Enjoyed by the Accused in Common-Law System

被告人未经宣誓陈述制度是英美法的一种特有制度。在英美法中,未经宣誓陈述不是证据但却有证据效力。英美法废止被告人未经宣誓陈述制度的做法,反映了被告人在法庭上有真实陈述的义务。大陆法及我国在理论上认为被告人陈述案件事实是一种权利行为,无如实陈述的真实义务,这违背了证据客观性和真实性的要求。

The unsworn statement made by the accused is a special system of common-law System. According to the common-law, the unsworn statement is not regarded as evidence but it is as effective as evidence.The abolishment of this system in common-law reflects that the accused shall bear the true obligation. China and other countries that adopted civil-law system theoretically believe that the accused enjoys the right of mak-ing true statement. Without the true obligation, it is against the requirement that the evidence shall be objective and true.