目前我国没有承认沉默权,但关于是否应设立沉默权的争论却由来已久。本文以纵观的角度,对争论双方的观点进行分析,认为双方在各自的论证中都存在着不理性的因素。通过指出非理性因素,并以理性的方式认识沉默权,得出结论:目前我国还不具备设立沉默权的条件,但不能放弃对设立沉默权的追求。 At present, our country does not recognize the right to silence, but the debate as to whether the right to silence should be established has a long history. This article analyzes the opinions of both sides of the controversy from a longitudinal perspective and holds that both parties have irrational factors in their respective arguments. By pointing out irrational factors and understanding the right of silence in a rational way, we come to a conclusion: At present, our country still does not have the conditions to establish the right to silence, but we can not give up the pursuit of establishing the right to silence.