【摘要】 沉默权是犯罪嫌疑人、被告人享有的一项重要的诉讼权利,是一个国家诉讼民主、文明程度的标志,并已为法治国家普遍承认和确立。在目前之中国,建立沉默权制度不仅必要而且完全可行。沉默权首先是一项宪法权利,其次才是刑事诉讼法上的诉讼权利。建立我国的沉默权制度应注意完善相关的配套措施以确保沉默权真正得以实现。更多还原

【Abstract】 As one of important litigious rights of the suspect and defendant, the right to remain silent is considered as a symbol that marks the procedural democracy and the level of civilization of a nation. What抯 more, it has been acknowledged and developed commonly by most nations ruled by law. At present, it is not necessary but also feasible to establish the system of right to remain silent. The right to remain silent is above all a constitutional right, then is a litigious right of the criminal procedural law. Furthermore, we should also develop and perfect related auxiliary systems and measures to realize the right to remain silent.更多还原