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沉默权作为西方刑事诉讼制度的重要内容被我国接受。然而,它在实践中不仅存在理论与实践的重大反差,而且存在法律文化的冲突,更为关键的是法律制度的建立和发展,应当照应社会发展的文明趋势,不能以单纯的人权取向为转移。所以,沉默权作为西方一定历史时期的法律产物,未必适应中国社会,未必是先进的诉讼制度,不应当盲目采纳。而强制口供不仅在中国而且在世界,不仅在过去而且在现在,都是普遍的法律制度和法治现象,具有不容忽视的存在理由和存在价值。
The right to silence is accepted by our country as an important part of the criminal procedure system in the West. However, in practice, there is not only a great contrast between theory and practice, but also the existence of a conflict between laws and cultures. More importantly, the establishment and development of the legal system should follow the civilized trend of social development and can not be shifted from a purely human rights perspective . Therefore, as a legal product of a certain historical period in the West, the right to silence may not necessarily be adapted to Chinese society and may not necessarily be an advanced litigation system, and should not be blindly adopted. Compulsory confession is not only in China but also in the world, not only in the past but also now, it is a common legal system and the phenomenon of the rule of law, with its existence and value that can not be ignored.