沉默权原则及其立法思考

Consideration of Principle of Silence-keeping Right and Its Legislation

沉默权是现代法治国家犯罪嫌疑人、被告人在刑事诉讼中享有的一项基本权利 ,也是刑事司法正当程序的一项重要保障。联合国也对此加以强调和保护。应在明确沉默权原则的含义、渊源、确立和发展的基础上 ,结合我国实际 ,对沉默权在我国实行的必要性及主要内容进行立法思考。通过立法建立起适合我国国情的沉默权原则 ,以保护犯罪嫌疑人。

The right of silence-keeping is a basic right which a criminal suspect or a defendant should enjoy in criminal lawsuits in the country governed by the rule of laws and also is an important security during the just procedure of criminal and judicature.United Nations also emphasizes on and proteets the right.On the basis of understanding implication,source,establishment and development of silence-keeping right and combing the practice of our country,we should take a legislative consideration about its necessity and importance through establishing principle of silence-keeping right which is suitable to profect China's situation,so as to fair interests of criminal suspect and defendant.