The Legislative Build Of The Privilege Of Witness

testimony of witness is the most available and general evidence in lawsuits and it has direct and strong power to prove. Because testimonies have such important functions, "the code of criminal procedure" and "the civil procedure act" in our country have both stipulated that everyone who knows the situations of case has duty to witness. According to the above-mentioned stipulation, we can find that in our country a witness gives evidence is a duty, which the witness has in public law. No matter what jobs the witness has or what relationship between the witness and the litigant, he(she) can't refuse to testify with these special social relations. However, the privilege of witness has deep history culture accumulation not only in our country, but also be confirmed by various countries ruled by law as an inevitable result from balancing the social values, so, it is necessary to gaze at it again and take it seriously before the evidence rule come up. This paper intends to begin from the abuse that every witness has duty to testify which stipulated in our procedure acts, to announce the value of the privilege of witness system. Through analysis, expound and prove the rationality and feasibility of this system in our country. Then, give several tentative plan to built the privilege of witness system: subject of the privilege of witness, range to use, procedure to realize and exceptional stipulation as one of the important method to consummate our witness system.