摘要
就沉默权的产生、发展、概念、内容、存在的理论基础及在国外实行的现状、改进作了阐述。分析了中国之所以没有确立沉默权的原因。就我国现在的国情,从价值上判断沉默权存在的必要性,从社会的宏观背景上论述其设立的可能性,以探求沉默权在我国应该选择的立法模式。
The aspects of the right to remain silent, such as the origin, development, concept, content, and theoretical principles of the existence, are expounded. The status of the implementation and the improvement of that in other countries are introduced as well. The reason of the unestablishment of the right to remain silent in China is analyzed. The necessity of the existence of it is judged, according to the situation of China. The possibility of the establishment of the right to remain silent is expounded, from the macroscopic point of view. The choice for Chinese legislation of the right to remain silent is researched.
关键词
沉默权
刑事诉讼
人权
诉讼公正
the right to remain silent
criminal action
human rights
justice of litigation
