Abstract: Based on the analysis of the legislative value of criminal silence right and the legislative significance of leniency to those who confess crimes, this article studies the substance of the argument over the silence right in our law field, and the issues after introducing criminal silence right to our country. This article holds the view that the nature of the argument relates to the issue of justice and efficiency. As for criminal silence right, justice and efficiency don't contradict to each other, therefore the criminal silence right institution should be introduced and established. In the end, this author puts forward her own opinion on how to establish silence right institution which fits the situation in China.