沉默权及其在我国的确立

Silence right and its realization in our country

沉默权是现代法治国家刑事司法制度的一项重要内容,是犯罪嫌疑人、被告人能否真正享有辩护权的基础之所在。是否确认该权利及是否建立了保障其实现的程序机制,不仅体现出一个国家在特定时期对实体真实与程序正当、控制犯罪与保障人权等相冲突的诉讼价值的选择态度,而且也反映出一国刑事程序中犯罪嫌疑人、被告人的人权状况和刑事诉讼文明进步的程度。在我国,由于受传统文化观念和建国后相当长一段时期内过分强调阶级斗争的影响,“坦白从宽、抗拒从严”的刑事政策一直在定罪尤其是量刑中发挥着重大作用,而沉默权却长期为人们所忽视,或者说根本没有被人们所关注。本文意在对沉默权作简要介绍,并就沉默权在我国的确立作一探讨。

Silence right is an important content of the criminal judicial system of a modern country governed by law. It is the basis of whether the suspect or defendant could really enjoy the right to defend themselves. The confirmation of this right and the establishment of a procedure mechanism to ensure the realization of this right, not only shows a countrys attitude of value towards the conflict between ensuring human rights and the lawsuit true with procedure proper, control of crime etc. in a certain period, but also reflects the human rights state and the degree of criminal suit civilization progress in that country. Due to the influence of traditional culture and a long period of excessive emphasis on the class struggle since the foundation of the Peoples Republic of China, the policy of 'Who he tells the truth will receive a lighter sentence and a severe punishment to those who stubbornly refuse to acknowledge their crimes ' has exerted great influence over declaring guilty, especially over the measurement of penalty while silence right has long been ignored by people. This text aims at offering a brief introduction to silence right and promoting a discussion on the establishment of reticent right in our country.