沉默的理由和限制

近年来，是否赋予犯罪嫌疑人，被告人沉默权引起了人们的广泛关注，成为我国法学界、司法界一个激烈争论的问题。木文通过对沉默权制度的概念和本质以及确立的理由和必要性的论述，认为在刑事诉讼中确立反对强迫自证其罪的原则，赋予犯罪嫌疑人、被告人沉默权，是依法治国的必然要求。文中还构想了我国沉默权制度的主要内容，同时认为在建立沉默权制度时，必须全面把握其运行机理，并结合我国国情，对其作必要的限制，以将负面效应降低到最低限度。

Reasons for Silence and Its Restriction

Recent years. whether to entitle suspects and defendants the right to silence has aroused people''s wide attention and has become a heated - discussed problem among the circle of the science of law and among the judicial circle. By expounding in the article the definition and nature of the right to silence and explaining the reason and necessity for establishing it, the writer believes that it is an inexorable demand for ruling our country by laws to establish the principle of opposing the suspects and defendants'' own demonstration of the guilty in force in the criminal lawsuit and entitle them the right to silence. The writer also works out the plot of the main idea of the system of the right to silence in our country. Meanwhile he thinks that when the system of the right to silence is being established, it is necessary to assure its working mechanism, and to restrict it to sonic extent for the purpose of reducing its side effect to the least degree.