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沉默权作为国际人权法的一项基本人权,旨在保护犯罪嫌疑人、被告人在刑事诉讼中的权利,已被国际司法界所公认为犯罪嫌疑人、被告人的基本权利之一。各国都已确立与自己国情相对应的沉默权制度。在中国法治建设中,沉默权制度争论的存在也一直受到多方面因素的影响,并且未从法上确立沉默权这项基本制度。建立沉默权制度是司法文明的标志,是刑事诉讼的内在要求。它的确立将大大拉近我国刑事诉讼法与刑事司法国际标准的距离,使司法实务更加人性化和民主化。
As a basic human right in international human rights law, the right to silence, aimed at protecting the rights of criminal suspects and accused in criminal proceedings, has been recognized by the international judicial community as one of the fundamental rights of suspects and defendants. All countries have established a right of silence system corresponding to their own national conditions. In the construction of China’s rule of law, the existence of the debate over the right to silence system has also been affected by many factors, and the basic system of the right to silence has not been established from the law. Establishing a system of the right to silence is a symbol of judicial civilization and an inherent requirement of criminal proceedings. Its establishment will greatly narrow the distance between China’s criminal procedure law and the international standards of criminal justice, and make the judicial practice more humane and democratized.