Witness is required to bear testimony at court in modern litigation system, but there is an exception that give witness a privilege of refusing to bear testimony. Firstly author analyses the base on the privilege of refusing to bear testimony, and uses for reference from legal rules of the past, the present, the Chinese and the foreign. Secondly author search the value and the legislative intent about the Privilege. At last, author make out an theoretical view that we should or not and we how to constitute the system of privilege of refusing to bear testimony. |