沉默权规则初探

禁止强迫公民自证其罪,是现代法治国家刑事司法制度的一项重要内容.任何人不受强迫自证其罪原则是设定沉默权规则及落实沉默权的基础和前提.我国刑事司法制度中应尽快设立禁止强迫公民自证其罪原则,赋予被告人以沉默权.落实沉默权,应建立相配套的程序保障体系.

Legislative Consider on the Rules of the Right of Sillence

The principle that a citizen is not to be forced to testify his own guilt,which is an important content of the criminal judiciary system in modern counries governed by law, wich has been widely acknowledged by most western countries.We should establish the principle of banning forcement to citizens to testify their own guilt in our criminal judiciary system as soon as possible and empower the accused the right of silence.To comply with the establishment of the right of silence, we shoud set up relevant procedures and ensuring systems.