我国于１９９８年加入了联合国《公民权利和政治权利公约》，该公约规定了成员国必须在刑事诉讼中确立沉默权原则。由于现行刑诉法无此规定，中国为恪守承诺，应准备对有关法律进行修改。本文从：（１）沉默权的由来；（２）沉默权与无罪推定的关系等方面进行了论述。认为在刑事诉讼法中规定沉默权，对于中国的法治化进程意义重大。 My country acceded to the United Nations “Covenant on Civil and Political Rights” in 1998, which laid down the principle that member States must establish the right to silence in criminal proceedings. Due to the fact that the current Criminal Procedure Law does not provide for such a purpose, China, in keeping with its commitments, should be prepared to make amendments to relevant laws. This article begins with: (1) the origin of the right to silence; (2) the relationship between the right to silence and the presumption of innocence. They think that to stipulate the right of silence in the criminal procedural law is of great significance to the process of rule of law in China.