沉默权之理性思考

沉默权的发展大致可以分为四个阶段:消极的沉默权时期、积极的沉默权时期、受限制的沉默权时期、沉默权保障的国际化时期.沉默权的确立与实现刑事诉讼的目的和司法公正、贯彻无罪推定原则、严禁刑讯逼供、尊重人性、履行国际法义务有着内在的联系.因此,应该全面把握沉默权的内涵,建立有限制的沉默权制度.

Rational Concern about the Right to Silence

The right to silence is a controversial matter which has not been reached common sense both in theoretical and practical circles. Therefore, it's necessary to make a further discussion. The author, by observing the history of the right to silence and by making comparisons among such concepts as the right to silence and the aim of criminal procedure, judicial justice, presumption of innocence, strictly forbidding extorting a confession by torture, human nature, international law, suggests that system of limited right to silence be laid out in our country's law. Meanwhile, the author presents his own views on the procedural protection of it.