浅析刑事诉讼法中的沉默权制度

An Analysis of the System that Permits the Right to Silence in the Criminal Procedure

沉默权作为保障刑事诉讼中被追诉人权利的一项重要制度 ,已为许多国家和国际公约所普遍承认和接受 ,成为一条刑事诉讼的国际准则。沉默权与无罪推定原则、辩护权、举证责任制度、非法证据排除规则等其它一系列重要的刑事诉讼制度、原则相互联系 ,彼此补充。我国现阶段刑事诉讼中 ,虽未明文规定 ,但事实上已实行“部分沉默权”制度。展望未来 ,我国在刑事诉讼中将最终确立完整意义上的。

The system of right to silence is regarded as an important system to protect the accused in the criminal procedure. It has been widely recognized and accepted by many countries and international conventions, and has become an international norm in criminal proceedings. The system of right to silence has close relationship with a number of criminal procedure systems and principles such as the principle of resumption of innocence, the system of defense right, the system of adducing evidence, the rule of illegal witness exclusion. They can be replenished with each other. In the criminal procedure in China, the system of “part right to silence” is put into practice though, so far, there are no written articles for it. Looking into the future, China will finally complete its system for right to silence and make it fit for its own social conditions.