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沉默权,作为一项公民在刑事诉讼中的基本人权,最早是英美法系对抗式诉讼的产物,是西方个人本位的历史文化价值观在刑事诉讼中的体现。但随着近代民主和司法文明的发展,对于我国来说,沉默权也成了一个不容回避、须待解决的理论问题,本文结合沉默权有关的概念、起源、发展,对沉默权进行价值分析,以及对它在中国建立的可行性展开探讨,并且针对中国沉默权制度的发展构想提出了若干建议,希望我国能够尽快引进此项制度,与国际法制接轨,顺应世界潮流之趋势。保护被追诉人的程序权利,更好地保障人权,实现法律的公平正义,以达到诉讼中的对等力量均衡。
The right to silence, as a citizen’s basic human right in criminal procedure, is the product of the adversarial lawsuit in Anglo-American legal system at first. It is the embodiment of Western individual-centered historical and cultural values in criminal procedure. However, with the development of modern democracy and judicial civilization, for our country, the right to silence has become a theoretical issue that can not be evaded and needs to be solved. In this paper, the concept of right to silence, origin, development and the value analysis of right to silence , As well as the feasibility of establishing it in China. In addition, some suggestions for the development of the right to silence system in China are put forward. We hope that our country can introduce this system as soon as possible, conform to the international legal system and follow the trend of the world trend. Protect the procedural rights of the prosecutors, better safeguard their human rights and realize the fairness and justice of the law so as to achieve the equal balance of power in the lawsuits.