论我国确立沉默权之必要性

我国刑事诉讼法规定,犯罪嫌疑人、被告人应向侦查机关尽"如实陈述"的义务。这使得他们在诉讼中处于极为不利的境地,更谈不上对其公民权利的保护。同时,在我国刑事司法实践中,刑讯逼供或者变相刑讯逼供的现象仍普遍存在,严重阻碍了我国刑事司法逐步走向民主化、文明化的进程。而在立法上确立沉默权及其保障措施,既可以提高犯罪嫌疑人、被告人的诉讼地位,保障他们的公民权利,又可以促使办案人员改变观念和有效抑制刑讯逼供。

On the Necessity of Establishing Reticence Right

According to our country's Law of Criminal Procedure, the guilty suspicion person and the defendants have the obligation of "stating as things really are"to investigation apparatus. This will make them in an unfavorable position in the lawsuit and their rights of citizen can not be protected. At the same time, phenomena of extorting a confession by torture or covert exact confession by torture exist commonly. All these seriously hinder our country's criminal administration of justice to move towards the procession of democratization and civilization step by step. And establishing reticence right legislatively and its guaranteeing measures can raise the lawsuit position of guilty suspicion person and defendants, and guarantees their citizen's right. It can also urge the personnel dealing with cases to change the concept and effectively restrains exact confession by torture.