论沉默权的确立与限制

没有沉默就不可能贯彻无罪推定原则 ,建立沉默权制度符合我国法制建设的需要。权衡设立沉默权制度的利弊 ,应当从大局着眼。限制沉默权是沉默本身与国家司法权力充分行使存在冲突的属性所决定 ,但在作出限制时 ,应防止沉默权刑同虚设的结果。

On the Establishment and Restriction of the Right of Silence

The principle of "Innocent until Proved Guilty" can't be implemented without the right of silence. The establishment of such a right is in accordance with the needs of Chinese legal construction. By comparison with the advantages and disadvantages of such a right, the whole situation should be taken into account. The restriction of the right of silence is determined by the conflict between the silence itself and the fully exercise of the national judicial right. However, while being restricted, the right of silence should be prevented from the result of existing with the name only.