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近代意义上的沉默权,或称作不得被迫自证其罪的特权是刑事诉讼中犯罪嫌疑人、被告人所享有的一项诉讼权利。它被认为是西方法制国家刑事诉讼民主化的一大象征。这项保护犯罪者合法权益的诉讼权利,其诉讼价值和对刑事诉讼的影响力已受到中国的刑事诉讼法学者和司法实务人士的极大关注,形成了肯定说和否定说两种较为对立的理论观点。笔者试图通过对沉默权制度的相关分析,提出自己的见解。
The right of silence in the modern sense, or the privilege of not being compelled to self-incriminate, is a procedural right enjoyed by criminal suspects and defendants in criminal proceedings. It is considered as a symbol of the democratization of criminal proceedings in western legal states. This lawsuit right protecting the lawful rights and interests of the perpetrators, their litigation value and their influence on the criminal procedure have drawn great attention from the criminal procedure law scholars and judicial practitioners in China, and have formed two relatively opposite Theoretical point of view. The author tries to put forward his own opinion through the analysis of the right to silence system.