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刑事沉默权制度在中国的确立可视为法律制度的变迁 ,从经济学观点看 ,必然会带来社会成本(可分为正成本、负成本及转嫁成本 )投入的变化 ,通过成本分析可得出 :该制度的确立 ,其收益要远远大于成本投入 ,确立沉默权制度是大势所趋。但在我国现有的司法环境中 ,潜在的收益成效缓慢 ,高额的投入却需即时给付 ,并有被转嫁的危险。因此要使该制度切实、长久得到推行 ,其发展应是从逐步的技术改良走向最终的制度性变革 ,从而以最小的司法成本带来最大的综合收益。
The establishment of the system of criminal silence right in China can be regarded as the change of the legal system. From an economic point of view, it is bound to bring about changes in the input of social costs (which can be divided into positive costs, negative costs and passing costs) and can be obtained through cost analysis Out: The establishment of the system, the benefits far greater than the cost of inputs, the establishment of the right to silence is the trend of the times. However, under the current judicial environment in our country, the potential returns have been slow and the high investment has to be paid immediately, with the risk of being passed on. Therefore, to make this system practical and long-term implementation, its development should move from gradual technological improvement to the ultimate institutional change so as to bring the maximum comprehensive benefits with the minimum judicial costs.