《刑事诉讼法》中“不得强迫任何人证实自己有罪”这一规定在2013年1月1日施行后使得国内一些学者对我国是否已经建立沉默权制度进行了深刻思考和讨论。其实,我国新刑诉法中的“不得强迫自证其罪”并非就是已经建立了沉默权制度,但沉默权制度确实可以更好地维护和保障被追诉方的人权,防止刑讯逼供,增强司法公信力,因此可以说在我国建立沉默权制度已经迫在眉睫。 Since January 1, 2013, the stipulation in the Code of Criminal Procedure that “no one should be forced to prove his guilt” has caused some scholars in China to conduct deep thinking and discussion on whether our country has established a system of the right to silence. In fact, in our new criminal procedure law, “not forcing self-incrimination” does not mean that the system of the right to silence has been established. However, the system of the right to silence can indeed better safeguard and safeguard the human rights of the party under prosecution and prevent confessions by torture. Enhance the credibility of the judiciary, so it can be said that the establishment of the right to silence system in our country is imminent.