沉默权析出中国法学的弱点

“正义从未呼唤任何人揭露自己的罪行”是古罗马法中象征自然正义且被认为包含“沉默权”之要义的司法原则。然而。任何理性的思考都会深明“最危险的‘真理’即是那被稍加歪曲的真理”这经世格言的真谛。本文试图全面洞悉有关沉默权的观点与论说,并力图重新量令世之体,裁沉默之权。以求应令世建设法治政府之需。

Analyzing the Weakness of China law from the Privilege of Silence

In the ancient Law of Rome,"Justice never called anyone to open his crimes!" was the symbol of natural justice and was regarded as the judicial principle which had contained the essence of "privilege of silence".However,all rational thoughts would deeply comprehend the truth of an aphorism for generations,which is none other than "the most dangerous truth is the truth slightly distorted".This paper is intending to study "privilege of silence" comprehensively,and making all efforts to reevaluate it on the basis of today's world under the attempt of presenting a little advice to the construction of government ruled by law.