中国确立沉默权制度的探讨

On the Privilege of Silence in China

通过对沉默权的含义及历史发展、沉默权与口供、沉默权与刑法制约、中国法制文化传统的描述与剖析 ,揭示了沉默权制度在中国刑事法实务中受阻的各种原因 ,主张在中国特有的国情下 。

The article attempts to talk about the meaning and history of the privilege of silence, affidavit ,criminal law restriction, and the tradition of Chinese legal system both in theory and in fact of criminal procedure law, from which it sets forth why the privilege of silence as a rule has not been brought into effect in China. The author appeals to that the rule should be restrictedly put into practice in some cities of China.