当制约公权力的辩护权总是由于权利得不到保障而被迫放弃,就像哪怕法律再规定沉默权,也会被当事人“主动放弃”一样。从这个意义上讲,沉默权入法是大势所趋,而辩护权的保障是硬币的另一面,缺一不可,都将成为刑事辩护机制完善的重要方向。 When the right to defend the power of public power is always forced to give up because of the lack of protection of rights, just as the law even provides for the right to silence, will be the parties “take the initiative to give up ” the same. In this sense, the right to silence into law is the trend of the times, and the protection of the right to defense is the other side of the coin, are indispensable, will become an important direction for the improvement of the criminal defense mechanism.