The Witness' Testimony Privilege Right

Witness' testimony privilege right refers to under the legal situation, the refusal that the particular citizen enjoys testifies or prevents the right of others' testimony. It is feasible while the case fact is investigated and verified to avoid the privileged system of the card, the citizen with competency enjoys and refuses to serve as the witness or refuse the right to answer a kind of question under the legal condition. Exempt card meaning and function of privilege lie in, dissolve particular subject privacy of information held instead of shoulder, testify contradiction of obligation accurately, protect it than special social relationships and interests of realizing the lawsuit with more valuable purpose.Witness' testimony privilege right has different classification in accordance with different standards and the family is the cells of the society,the testimony privilege right between the relatives becomes and exempts one of the important contents of the privileged system of the card. Our country stipulates the relative exempts in the country initially of privileged system of card, It is latent that it is kissed that the ancient times in China, it is an important code of ethic, it is an important legal criterion either, it is not a card that its key content is kissed.The thought of"kiss for card"can trace back week to initially,the Confucianists originally on week gift, meaning that kiss develop into relative hold latent thought gradually.Following feudal history,soly respect Confucian learning, Confucianism becomes the social ethics foundation,Prolong for more than 2,000 years,relative inclusive latent thought see their traces when being of the long river of history still. After the foundation of the state, because major ideology of our country hold,criticize,repel the attitude to Confucianism,legal clause that it is latent that it is kissed that the law of our country has been abandoned, Until " whether relative latent" clause die out, a lot of modern countries but keep this system among their law in our country, some country in Europe sow in sizable leeway to "the relative is latent"among criminal law clause. Countries all over the world exempt on relative card privilege legislate, after not going on value compare undoubtedly, think importance of relation to maintain relative more than investigate some illegal activities of importances, that is to say, the relation paid attention to and protected sedulously that such family relationship of relative based on blood relationship, kindred is extremely a kind of society.Exempt card privileged system by its deep legal culture background, it presents in China first, its foundation of thought is the traditional feudal Confucian or feudal ethical codes and patriarchal clan system thought in ancient times in China. In the family relationship, praise the care attitude among relatives and assist the behavior in morals, abandon the antagonism attitude among relatives and repel the behavior, so, permit people to keep silent in the lawsuit with the reasonable origin of an incident at the morals, it is indispensable for saving the conscience of individual and even the society from damage.The family is a key element which forms the society, and a epitome of the society, the core of the family relationship is a conjugal relation, then the relations between parents and children, therefore extend the relationship out by marriage of blood affinity inside between several generations ,so relative testimony privilege that enjoy on the basis of identity relation right China traditional legal ethics behavior of family and social field. Set up and perfect witness testimony privilege right system for independent legal status to ensure witness, perfect of our country witness right security mechanism have important meanings. It can prevent judicial abuse of military force from, it is lawsuit that pursue entity to be actual to ensure the compromise that must lead to the fact with the right in the course too, testimony privilege right become demarcation line that common power exercise from this, become private right can be protected barrier already.Card privilege is the result that interests are weighed on the basis of the particular value goal that the witness exempts. The witness exempts the value of the card system lies in the guarantee of witness' human rights, it has reflected the protection of the social relationships, to humane care, kindred respect of relation of spirit, keep to normal social ethics moral concept and social public interests, it has comparatively considered the witness' predicament and authenticity of testimony realistically. And the privilege right of testimony, to the stability protecting the family life of marriage among the relatives, it is more unquestionable to be harmonious and protect the function that the right of privacy based on that the family relationship produce play.