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五、人皆有保持沉默的权利每一个人都有沉默的自由,即使是犯罪嫌疑人也有权保持沉默,这也是法律赋予每一个公民的基本人权。众所周知,自1949年建国以来“坦白从宽、抗拒从严”这一基本政策一直排斥着人们应该享有的沉默自由。该政策的执行者认为沉默就意味着抗拒,抗拒则是绝对不允许的。也有学者认为,沉默权与我国《刑事诉讼法》第93条“犯罪嫌疑人对侦查人员的讯问要如实回答”这一规定相抵触,故对沉默权不予认同。
V. Everyone Has the Right to Keep Silence Everyone has the freedom of silence. Even the criminal suspects have the right to remain silent. This is also the basic human right granted by law to every citizen. As we all know, since the founding of the People’s Republic in 1949, the basic policy of “leniency and strict resistance” has always excluded the silent freedom that people should enjoy. Executives of the policy think silence means resistance and resistance is absolutely not allowed. Some scholars also believe that the right to silence is incompatible with the stipulation in Article 93 of the “Criminal Procedure Law” in our country that “the suspect should truthfully answer the inquisition by investigators,” so he will not agree on the right to silence.