A Study On The System Of Relatives' Refusal

In the many modern countries, the relative witnesses to resist the card right is an important legal system, that refers to who has the ability to understand and testimony because of complying with the legal situation, but unloading testimony duty according to law, and it gives expression to the idea of human rights and social stability concept. This special right is a request that the guarantee of the witness independent legal status, and is the limit that the private rights against national public power. This right system is not only the comprehensive consideration based on the value of social interests balance, but also legislation consideration based on the balance of witnesses testified obligations and rights.At present, in the world, many countries already established the system criminal lawsuit relative witnesses to resist the card right, but our country’s criminal procedure law only emphasizes all of witnesses have obligations for unconditional refusing testimony,and not rules for relative resisting the card right system. Facing the situation that the relative witness suffers influence about family relationship or professional relationship in judicial practice, who not willing to provide the evidence of criminal of criminal suspects or defendants, and not to testify in court. Some academics try to start from establishing the system of relative witness resisting the card power, working hard to solve the problem for impacting judicial reform process. The author thinks that we should give resist the card power to specific relation of the witnesses in system of our criminal procedure.The paper from the primary definitions introduces the right of relative witness to resist the card, and then elaborates theory basis about the right to resist the card right system and reveals the virtue of the social basis and modern value concept about the system, and briefly reviews the history origin and legal inheritance significance of witness to resist the card right system. On the comparative analysis on two big law criminal litigation about witnesses to resist the card right system on the basis of law content that our country should learn the good aspects of establishing the system, at last based on the original localization of the legal tradition and the current law, try to offer to establish a framework range of criminal litigation relative witnesses to resist the card right system, including the applicable scope of witness rejecting testimony right system, procedural safeguard, exceptions and so on, expecting to produce relative witnesses to resist the card power system that is suitable for China’s criminal proceedings.