The Research On The The Civil Relatives Refuse To Testify On The Right

Relatives the right to refuse to testify as a modern rule of law an important state system, in many countries litigation Code or evidence has clear provisions in the legislation. Although China's current civil law has yet been made related to specific provisions, but on whether the doctrine sector reconstruction relatives the right to refuse to testify system is the fierce controversy that has existed for a long time.Relatives the right to refuse to testify in the family refers to the rules of statutory cases have refused to provide evidence or testimony to stop the rights of others. It is the existence of different value of the trade-offs it at the expense of the real cost of that entity, to safeguard some of the more important that the rights and relations. Encourage the exchange of theory and the theory of relative privacy right to refuse to testify on the establishment of a legitimate provide the theoretical basis. Judging from China's "kiss of the implicit" system of foreign and historical origins of the current inspection of the relevant legislation, the establishment of the right to refuse to testify relatives of the system within the external environment have been mature.Specific to China, China's civil law does not establish the right to refuse to testify relatives of the system by external influence and the reasons for the system itself. But balance, the right to refuse to testify relatives of the establishment of the system have their necessity and appropriateness. The establishment of the right to refuse to testify relatives of the system can effectively solve the plight of the existing system of witnesses, to highlight the value of independent civil proceedings, contributes to social ethics reunification is the inevitable establishment of a harmonious society. Advocates from countries outside the region and the legislation with the provisions of China's national conditions, the value of the law of evidence to the requirements of pluralism, highlighting the protection of human rights values, in the Legislative Council on clearly defined rules relatives of the right to refuse to testify.