Our Relatives Testified The Special Exemption Right Of

Along with the deepeness of the reform on criminal trial, the function of court on trial has been enforced gradually. One of the key step is the witness offer the testimony on the court. If the witness were absent on the court, the judge and bilateral parties could not ask the questions to the witness, do the cross-examination or argument. Then, the People's Court could not inspection and judge the testimony is true or false, which will made the adoption of evidence be difficult. But, for the protection of the harmony between particular person and social stability, in most of the countries, it has been stipulated in legislation that the witness has right of immunity. Among those, the special immunity of the relatives as witness in one of the most important aspects. And we mayfind its resources in the traditional legal culture of our countries --"mutual concealment ofoffenses among the kin". It demonstrates the importance of the special immunity of the relatives as witness. And its existence is reasonable.The special immunity of the relatives as witness has been stipulated in legislation of the two western legal families. There is much similarities and differences that came from those elements, such as different tradition and cultural background. The mutual concealment of offenses among the kin in our county show a series of vivid characteristics through several thousand years. And it is so similar with the modern special immunity of relatives as witness, which could not be said just as a accident. On contrast, it has its inevitability. But, in the middle of the 20th century, we had abandoned the mutual concealment of offenses among the kin that had been used for thousand years since the particular social background. Furthermore, the special immunity of the relatives as witness is the product of the choice in the criminal procedure. It has the crucial value and function. Thus, under the background of mutual communication and involvement on the criminal procedure among all of countries in modern world, we shall follow the international trend, use the native resources, study the advanced experience of foreign countries and make out the more detailed arrangement on procedure and institution, which shall recoustruct the institution that we had lost and make the special immunity of the relatives as witness be reasonable.