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沉默权制度(又被称作“米兰达规则”)在限制司法机关取证能力,保障犯罪嫌疑人合法权益方面起着重要的作用,迄今为止,很多发达国家在军事司法制度上已经确立了沉默权制度,在美国,早在米兰达规则确立的16年前就赋予了军人这一诉权。本文从阐述沉默权的含义和设立的可能性入手,探讨在我军司法制度中构建沉默权制度的可能性。
The system of the right to silence (also known as the “Miranda Rules”) plays an important role in restricting the ability of the judiciary to obtain evidence and safeguarding the legitimate rights and interests of criminal suspects. So far, many developed countries have established their military judicial system The system of the right to silence, in the United States, gave the military the right of appeal as early as 16 years before the establishment of the Miranda rules. This article begins with the definition of the right to silence and the possibility of its establishment, and explores the possibility of building a system of the right to silence in the army’s judicial system.