浅析沉默权保障

为提高刑事司法文明程度,我国刑事诉讼法应尽快确立受刑事追诉人享有沉默权。但仅仅有沉默权是远远不够的,更重要的是使沉默权从“书面中的法律”成为“行为中的法律”。鉴于目前司法实践中存在的一些突出问题,我国法律在赋予沉默权的同时,可以从完善讯问程序和刑事证据制度两个方面保障沉默权的实现。

About the Protection of Right to Silence

In order to raise the civilization degree of criminal justice, the right to silence of the accused should be established in Chinese Criminal Procedure Law as soon as possible. But it is not enough to have right to silence only. The more important thing is to make right to silence become"law in action" rather than just "law in books". As there still remain striking problems of law enforcement in practice, we should perfect the process of interrogation and criminal evidence rules to assure right to silence, on the ground that it is to be established in our existing law.