Research On The Right Of Refuse To Witness Of Criminal Procedure

The right of witness refusing to testify is provided by countries all overthe world under the criminal procedure law. While witnesses have testified thatthe violation of the obligations and duties of the sanctions measures. At thesame time, it gives the identity of the witness to testify specific obligationsfrom the right, more commonly known as the denial of permits to witnesses.The system as a modern state under the rule of law has been an importantevidence in the system of common law and civil law in most countries andregions is widespread. China's Criminal Procedure Law only emphasized thatthe testimony of witnesses and unconditional obligations. Our witness to theregion has yet to establish the right system permits, the laws and regulations ofthe relevant evidence also did not address the issue. Given our currentlegislation provides that the right of witnesses to the blank cards, I think, theexisting unconditional obligation for witnesses to testify legislative status quoshould be changed. China should proceed from the perspective of humanrights protection, given certain conditions to permit witnesses to the Code ofCriminal Procedure Article 48 exception as my further improve our criminalsystem. It is divided into four chapters :Chapter I is an overview of the right of witnesses to cards. This chapterprimarily from concept, characteristics and classification introduced threewitnesses to the right permits. Witnesses refused permits to refer to testify incriminal proceedings is entitled to have the specific scope of the specificidentity of the witness and their refusal to enjoy the right to testify or giveevidence from their obligations. The main features of the right to refusepermits witnesses;Witnesses must be aware of the true situation of cases;Enjoy the right to refuse permits witnesses must have specific identity or havesome special relationship with the accused;Witnesses to the right is a permitprocedural rights are only a witness in proceedings against their own countryin order to enjoy the protection of the rights of compulsory powers to testify;Witnesses refusing to testify, the system generally adopted statutory. Inaccordance with different standards of the right to refuse to permit a differentclassification, a common classification major : Constitutional exceptions to theright and the right of non-constitutional exceptions;And the right to developthe common law exceptions to the law of exceptions to the right;The right toprivate and public policy exceptions to the right to avoid;The right to avoidself-incrimination is not, the relatives of exceptions, the right to employmentrights and official special exceptions to the right to avoid.Chapter II introduces the right of witnesses to permit legislative cases.First introduced China's ancient and modern legislation to permit thetraditional right in the Spring and Autumn Period, the ancient Chinese startedwith a kiss of concealing the principle that it is the ancient Chinese system ofthe right to permit the source, develop Compulsory provisions of the CriminalProcedure Law is my witness must testify truthfully, and directly deny therights of witnesses have refused to testify. Despite the mandatory provisionsof law to the witness must testify, however, the trial has shown that witnessesdo not testify in court, refused permits continues to be widespread. Althoughthe legislation exists and wrong, but my Taiwan, Hong Kong and Macaoregions, but witnesses refused permits to the Code of Criminal Procedureprovides. Secondly Western countries introduced legislation to permit thesystem right cases. The right to refuse permits in the West stems from theconcept of ancient Rome and ancient Greece to the modern, rapid developmentin the West, Western countries generally have the right to permit witnesses toclear legislation, but have also expanded the scope, have become moreefficient. United States and Germany are the two major national representation,the right to refuse permit system in the United States have the earliest andmost developed, but the United States only recognizes some exceptions to theright to basic rules, the scope is relatively narrow. Germany and the UnitedStates compared to the wider scope of the right to refuse permits.Chapter III expounded China's establishment of a witness refused totestify reality system rationality and necessity. Establishment of the system inthe first level of value rationality, because it is aimed at the adoption of thesystem hidden behind the protection of the particular social relationship. It isthe protection of human rights, protection of ethical family relations, theprotection of social public policy needs;Second witness refused to testifysystem is the establishment of an inevitable choice. It is my experience to beabsorbed from foreign advanced legislation inspiration, Currently Westernlegal system developed countries generally establishes the right of witnesses topermit system should learn from our experience through its advancedlegislation relevant legislation to establish our right to permit witnesses to thesystem, which is also consistent with the procedural rules governing thedevelopment of choice. It is also balanced with the testimony of witnesses totestify obligations right choice, given by the witnesses refuse to testify rights,which limits to some extent the State of witnesses mandatory obligations asour litigation system is a fair and increasingly confrontational results, inaddition to the use of internal rules of evidence or the inevitable demand, is thedemocratization and development of civil litigation trends.Chapter IV presented the certificate to the establishment of witnesses tothe legislative system concept. My witness to the building permits are not themain content of the right to self-incrimination to avoid permits, certificatesright from relatives, vocational certificate from the right, the right to officialcertificate from the four, which is not the most important card to avoidself-incrimination in some developed countries has risen to a height of theConstitution;The right to refuse permits to establish in our country a numberof exceptions : The right to refuse permits in the crimes committed bypersonnel of state organs. Involving significant national security or nationalinterests may not refuse to testify. Certificate in relatives from the right, if thecrime is directly against the accused to testify relatives and their parents,children's physical and property, their relatives are not eligible to testify andfrom testimony. Planning of a crime the right to permit the use of witnesses,loss of the right to refuse permits. Revealed the secret of the case judgementhas proved necessary or open secret that damage occurred inevitable, the rightmay not be invoked to refuse permits. This chapter also attempts to permitwitnesses to the right design and procedures related to liability provisions, theright to permit witnesses to the applicable procedures is to permit the right toinform the witness, the right to apply to certificates, note cards reason to,review approval;When the witness refused to explain the reasons for rejectingpermits, or when the court ruled that denial of its review still insisted on itsrefusal to permit testimony from the court can impose a fine or detention underthe authority of its coercive their testimony. To refuse to testify in severe cases,the judiciary should be investigated for their criminal responsibility for suchliability laws in many countries have been, for example, provides forimprisonment of France, the United Kingdom provides contempt of courtcharges. I believe that I have been in criminal law should clearly define thecorresponding crimes, such as establishing a "witness refused to testifycrimes" to control serious "denial of certificate", that the normal proceedings.