论文部分内容阅读
沉默权起源于英国,如今己被众多国家接受。而我国是否引进沉默权,引起了无数争论。笔者认为在我国引入沉默权有其必要性,如刑讯逼供、在实践中易出现冤、假、错案等迫切需要沉默权,而且从履行国际义务,促进我国刑事诉讼进一步民主化和现代刑事诉讼理念等角度来看,我国确立沉默权规则已势在必行。
The right to silence originated in the United Kingdom and is now accepted by many countries. Whether our country has introduced the right to silence has caused countless debates. I think the introduction of the right to silence in our country has its necessity, such as torture by torture, unjust, false and wrong cases in practice, such as the urgent need for the right to silence, but also from the fulfillment of international obligations to promote the further democratization of criminal proceedings in China and the concept of modern criminal proceedings From an angle of view, the establishment of the right to silence rules in our country is imperative.