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沉默权制度作为一项国际公认的刑事司法和人权保障标准,其内容包括被告知权、律师帮助权、保持沉默权、不因行使沉默权而导致不利后果权、供述自愿权;其实质是反对自我归罪权;其理论基础是公民的宪法权利和无罪推定原则;其价值取向是追求保障人权与惩罚犯罪二者之间的平衡。我国确立沉默权制度的必要性在于:抑制刑讯逼供,防止冤假错案,完善刑诉制度,履行国际义务。要确立沉默权制度,必须转变观念,规定自白排除法则,完善配套制度,在侦查阶段废除“坦白从宽,抗拒从严”的刑事政策。但沉默权不是绝对的,它有可能导致放纵真正罪犯的结果,因此,必须对它进行必要的限制。
As an internationally accepted standard of criminal justice and human rights protection, the system of the right to silence includes the right to be informed, the help of lawyers, the right to silence, the right of adverse consequence and the right of voluntarism to exercise the right of silence, and the essence is opposition It is based on the constitutional rights of citizens and the principle of presumption of innocence. Its value orientation is the balance between the pursuit of guaranteeing human rights and the punishment of crimes. The necessity of establishing the system of right to silence in our country lies in suppressing the confession and confession of torture, preventing unjust and false cases, improving the system of criminal prosecution and fulfilling international obligations. To establish the system of the right to silence, we must change our concepts, provide for the confession and eliminate the law, improve the supporting system and abolish the criminal policy of “being leniently confess to leniency and rigidly resisting” during the investigation stage. However, the right to silence is not absolute; it may lead to the indulgence of the consequences of the true criminal and must be rescued as necessary.