Our Relatives Refuse The Legal Analysis Card Power

In the current law in China about the relative to resist the card power, both in the criminal procedure law and in the criminal law on the crimes set to mention, but with "one size fits all" approach to all the witnesses are in a position, and ignore the complex minds and testify relatives unimaginable social consequences. This article through to the relative to resist the card right system in ancient China, the establishment of development in China and the decline in modern, combed the card power relative to resist the development of the system of rheological process. And tries to reveal our country negative card power relative to resist the adverse consequences that establish China's relative to resist the card right system of necessity and feasibility. Thus proposed accord with the actual situation in our country of the relative to resist the card right system of the specific idea. Based on the judicial practice in China and judicial influence on the society, and the establishment of a harmonious society and requirements in China, it is necessary to establish the relative to resist the card right system. Hidden system is let relatives in ancient China traditional legislative idea, as professor su said:"the Chinese way of the rule of law must pay attention to the use of Chinese local resources, pay attention to the traditional Chinese legal culture and practical." (the law and its local resource") let relatives system is hidden in the construction of the modern rule of local resources, it is in the modern society there is still a certain value, and contemporary law to inherit and carry forward.