From The Traditional Permission Of Concealment To The Special Immunity Of The Relatives As Witness

The traditional permission of concealment is a tradition that permits the mutual concealment of offenses among the kin, according to the laws or social customs; while the special immunity of the relatives as witness is a special right that laws give to a certain witness to immunize him from the duty of witnessing to the fact. It's only given to maintain and promote this interest in such special circumstances as he has some kinship with the criminal suspect or the defendant and it will damage their kinship to witness. The traditional permission of concealment and the special immunity of the relatives as witness have many qualities in common. The latter can be a conversion of the former from duty to right, as well as its advanced form in its development in the special immunity of witnessing. Although the traditional permission of concealment has a history of more than 2000 years in our country, owing to the change of the ideology and such kind of things, it has been abandoned by the exiting criminal laws. This is no good for our constructing a legal state and a harmonious society. In fact, it is necessary and feasible to create the special immunity of the relatives as witness in our Criminal Proceeding Laws. This thesis paper makes suggestions on how to create a special immunity of the relatives as witness of our own through specific demonstrations, on the basis of the investigations and analysis of the traditional permission of concealment and the special immunity of the relatives as witness both home and abroad.