所谓沉默权,是指在刑事诉讼中犯罪嫌疑人、被告人有权保持沉默,不被强迫自证其罪的一种权利。沉默权最先产生于英国十二世纪早期,以后各国刑事诉讼法对沉默权都有明确的规定,特别是美国著名的“米兰达”规则把沉默权推到极致。在刑事审判中,常发生被告人推翻自己在侦査阶段的有罪供述,辩称自己并非自愿,而是刑讯逼供所致的情况。由于对刑讯逼供的取证十分困难,法官对此真伪难辨,对其供述不知该如何采信。如果规定了沉默权,这种情况就会大为改观。沉默 The so-called right of silence refers to a right that criminal suspects and defendants have the right to remain silent and not be forced to convict themselves. The right to silence was first born in the early twelfth century in the United Kingdom. Since then, the Criminal Procedure Law of various countries has clearly stipulated the right to silence. In particular, the famous “Miranda” rule in the United States has pushed the right to silence to the limit. In criminal trials, defendants often overthrow their guilty plea during the investigation phase, arguing that they are not voluntary but torture. Due to the fact that the evidence of confession by torture is very difficult, the judge’s authenticity is hard to distinguish, and his confession does not know how to adopt it. If the right to silence is set, the situation will be greatly improved. silence