From The Perspective Of Human Rights To Construct The System Of Family Privilege

Family privilege is an important part of litigation. Areas of foreign and Hong Kong, Macao China will this system have been widely used in judicial practice, and yet see traces of the mainland of China. Concealment of the ancient system is seen as the seeds of Domestic Relations, along with social progress, Concealment System completed in the form to the Domestic Relations of the transformation, however, refused to permit the relatives after the transition was quick right out of the stage of history. Nowadays, the demand for natural emotion, human instinct of the highlights, family relations and social harmony calls for Domestic Relations provides a theoretical foundation for the construction of. People-centered scientific concept of development is the core, it requires social development, nation-building more attention to human rights, freedom and equality, for the construction of Domestic Relations provides support for the institutional environment. System needs the testimony of witnesses refusing to testify relative right system, but in the face of its construction, legislators, law enforcement, law-abiding who are obviously hesitant, because of its depth, not enough of theory, the practical effect of judicial practice is difficult to predict. This view of human nature selected family privilege construction, in order to help to solve these problems.This paper aims to study the basis of the theory of human nature, revealing the value of family privilege basis and foundation of human nature, and with the theoretical study and practical needs of the driving force of building people-oriented, the concept of respect for human rights the right to refuse to license the system. Firstly, the foreign family privilege and China concealment system to inspect the basis of human nature, the main approach to historical research and comparative analysis. Both the longitudinal analysis system of Overseas Domestic Relations and China's Concealment System formation process, a clear difference between the two systems view of human nature, but also horizontal comparison of the social conditions of the system to explain the reasons for differences in form. Second, to construct a China's Domestic Relations systems to address the testimony of witnesses the reality of reform is in the ultimate goal of this paper, the main use of empirical research and value analysis. Only learn from foreign experience in the relevant legislation, local resources, deepening Domestic Relations theory and practice of research in order to promote the system's legislative process.