自加入联合国《公民权利和政治权利国际公约》以来,沉默权成为了我国法学界的热门话题,然而在最新修正的《刑事诉讼法》中,备受期待的沉默权却没有被立法正式予以确立。本文通过分析我国未将沉默权写进《刑事诉讼法》的原因及我国要确立沉默权所面临的首要问题,对在我国实现沉默权提出了几点具体构想。 Since joining the United Nations “International Covenant on Civil and Political Rights,” the right to silence has become a hot topic in the jurisprudence of our country. However, the much-awaited right to silence in the newly revised Criminal Procedure Law has not been formally established by legislation . This article analyzes the reasons why China did not write down the right of silence into the Criminal Procedure Law and the most important issues our country should establish the right to silence, and gives some concrete ideas on how to realize the right to silence in our country.