沉默权刍议

A Preliminary Study of the Right to Reticence

沉默权是近年来司法界争论的主要问题之一。它在西方的存在有其深厚的理论和实践基础 ,并逐步成为西方重要的一个司法制度。在一定程度上可以说它是刑讯逼供的天敌 ,但也有自己天然的弊端。因此 ,它作为一柄双刃剑 。

The right to reticence is one of the main issues argued in the circle of judiciary these years.In the west,the right to reticence has developed into one of the important judiciary system for the solid theoratical practical foundation of its existence.To some extent,it is by nature the enemy of exacting confessions by means of torture,but it has its own inherent drawbacks.Therefore ,as a sword with two edges,its application in China should be given meticolous consideration. [