And establishing reticence right legislatively and its guaranteeing measures can raise the lawsuit position of guilty suspicion person and defendants, and guarantees their citizen's right. It can also urge the personnel dealing with cases to change the concept and effectively restrains exact confession by torture. 而在立法上确立沉默权及其保障措施,既可以提高犯罪嫌疑人、被告人的诉讼地位,保障他们的公民权利,又可以促使办案人员改变观念和有效抑制刑讯逼供。