沉默权与我国的刑事诉讼法再修改

沉默权是犯罪嫌疑人和被告人特有的权利,随着我国刑事诉讼制度的变革,尤其是我国政府签署了《公民权利和政治权利国际公约》后,沉默权问题受到社会各界的广泛关注。根据我国的国情,对沉默权应当予以必要的限制。当前,要在保障人权与惩治犯罪相统一的前提下,建立一套具有中国特色的沉默权制度。

Silence Rights and the Re-amendment of Criminal Procedure Law

Both suspects and defendants have the rights of keeping silent.As the reform on criminal justice system is being carried out in China,especially after the International Covenant on the Civil and Political Rights was signed by Chinese government,the issue of silence rights has been the center of attention of the society.Based on present situation,this paper maintains that it is necessary to restrict silence rights by establishing a system with Chinese characteristics of guaranteeing human rights and punishing crime as well.