Relatives Refused To Testify The Right

The privilege is the traditional rule of the western evidence law,and the family privilege is its important part that a person has the right to rufuse testifying if his testimony may incriminate some person(near relatives or persons used to be his near relatives ). This family privilege sacrifice the latent proof to support the value of society believeing more important. What is the family privilege'shistory , what is its justification...... such problem, is this thesis's researchcategory. In our country( Taiwan, Hong Kong and Macau excepted), according to the current law, any person who has witness' qualifications have the duty of the testimony, but in the practice ,the rate of witness testify always or perhaps lower in 5%. So emphasizing the witness' testimony duty may exist the blemish.The rough and the crude of the lawmaking make it is evaded in the pratice, and cause criminal procedure be out of balance in the end. The fact prove that the provisions is a heap of wastepaper if it neglecte the most basic natural affection and loving valueseses of persons. But when we bring privilege into the visual field, we will discover that: The conflict between personal value and national interests was eliminate to some extent , though it may lose many decisive testimony, but as a British Lord Chancellis Bruce's proverb:" The truth, similar to the whole fine things, the possibility was owed to consider the subterranean heat love by the person, pursuing excessively and strongly- thus pay too much." We need keep a balance of looking for trues and supporting other social benefits. Therefore, the writer choice family privilege as research subject in order to help our country's current reform of crime procedure and the evidence law.The first part, the writer will elaborate that the modern family privilege, trace back to its system change that the rule( disqualification) turns into the special right( privilege);then the writer will compare the basic system of privilege between common law system and the civil law system; finally, the writer will pay attention to the reform of part of nations in recent years, because this reform reflect a trend: the fusion of tow law system, and the balance of punishing the crime and guaranteeing human rights .The second part, the writer elaborated a few basic theorieses of the familyprivilege: The utilitarian theories, the privacy theories, the power theories and the proof forbiding theories, Whats' more, the writer believe that these basic theorieses contain some specific volue: interest balance, human rights principle, the maintenance family and basic order of the societies.The third part, the writer will discuss the homology and the difference of our country's ancient law system of " qinqinxiangweiyin" and the modern family privilege .Morover ,the writer will argue that why we abandon the system of "qinqinxiangweiyin" but does not bring the anticipant result, then analyse the current laws of our country, point out its blemish, and demonstrate the necessity and possibilities to build up the family privilege in our country.In recent years, the crime judicatory reform of China liked a raging fire and various thorieses was to present, the writer just want to find a breach and hope this thesis can correct the mistakes to some extent.