Witness Privilege In Criminal Procedure

The unsteady and negative moral influences of society caused by some special witnesses such as close relatives of the litigants, lawyer and government functionaries give evidence are analysed and inquired into by investigating the legislation about the witness privilege in criminal procedure of the two law families in the western countries. The background , theoretical basis and practical significance that the witness privilege is based on are sought so that the privilege system is constructed in our country.General speaking , the reason why the privilege exists in criminal procedure is that the criminal procedure is not only a process of finding facts but a process of choosing the value. At the same time of seeking valuable aims of finding reality and attacking criminals, other values and profits should be taken into account. When someone who has a particular identity acts as a witness for seeking the case truth, certain regulations must be set up to balance the relationship by law if the result my do harm to another social relationship. Because there are not privilege regulations in our evidence law, the family as a signal of modern civilized society ,law profession, religious belief, medical profession as well as the values and profits of personal freedom and will are damaged as the judicature truth is sought.That some special witnesses are given privilege in criminal procedure can respect and uphold human being's basic emotion and conscience and social balance and steadiness despite having some damages to criminal procedure. So the witness privilege regulations tally with humanity and also is the reasonable chose for people to the evidence system. It has significant meaning to use the legislation experience of other countries for reference and construct our witness privilege regulations.