对我国设立沉默权制度的反思

美国联邦最高法院对米兰达诉亚利桑那州一案的判决,使沉默权制度在美国得以最终确立,几十年来,沉默权在越来越多的国家效仿确立,沉默权已经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所在。本文在分析沉默权的含义及其现状的基础上,分析论证了我国设立沉默权制度的必要性与可行性,以使沉默权在我国司法中能回归其本位。

Reflection on the Establishment of the Right to Keep Silence with Harmonious View

The judgment of American Federal Supreme Court about the case that Miranda sued Arizona enables the final establishment of the right of silence system in the American. In the past decades, it has been imitated and established by more and more countries. It has become an important component of criminal judicial system in modern legal countries. It is the foundation whether the suspect and the accused person really have the right to defense or not. This article analyses the meaning and the present situation of the right of silence. Based on the analysis, the author demonstrates the necessity and the feasibility of setting up this system in China so that it can return to its standard in the judicature of our country.