沉默权制度是一项极其重要的司法保障制度,需要在中国尽快实现。明确规定沉默权制度有很大阻力,在此情况下实际通过法律修正取得沉默权实施效果具有建设性。以明确沉默权制度内涵为基本前提,以沉默权制度实施效果为修正方向,修正法律,在中国创新性地实现沉默权制度。 The system of the right to silence is an extremely important judicial guarantee system and needs to be realized in China as soon as possible. Clearly stipulating the system of right to silence has great resistance. Under such circumstances, it is quite constructive to actually implement the right of silence through legal amendment. To clarify the connotation of the right to silence system as the basic premise, the implementation of the system of the right to silence as the direction of amendment, the amendment of the law, in China to implement the system of the right to silence creatively.