Abstract: The existence of right to silence is a kind of right attribute to affidavit leglity of criminal suspect or defendant which composes a session of criminal evidence system.Whether to select the right to silence or not reflects a value selection of a national criminal system.Between the two conflicting systems which the criminal litigation has been pursueing-value of freedom and value of security,the right to silence acting as a system which protects criminal suspect's or defendant's legal rights reflects the respect to private rights and freedom.
Through research to the value of right to silence,the author compares the Chinese criminal litigation value selection with other countries'which apply right to muteness system,states the relative provisions in Chinese laws and statutes as well as the existing practical issues,therefore predicts the possibility of fulfilling the system in China