沉默权价值目标与利弊权衡评述

本文阐述了沉默权蕴涵的三种价值目标的冲突与选择,分析了沉默权与无罪推定、刑讯逼供、坦白从宽等方面的关系,对沉默权的利弊之争进行了客观的评判,主张在我国应确立沉默权原则。

The Value Goal of the Right to Silence and Its Merits and Demerits

The thesis copes with conflict and option of the three value orientations as to the conception of the right to silence and analyzes the relationship between the right to silence and presumption of innocence,exertion of a confession by torture and leniency to those confess their chines and makes a comment on merit and demerit of the right to silence, proposing that a principle to ensure the right to silence be regulated by law in China.