Demonstration Of People Refuse To Testify The Right System

As for the resolution of social conflicts, the proceeding is a very effective legalmechanism and pursuit of the case truth is one of the main objectives. In theproceedings, with the special identity, witnesses know the circumstances of the case,so they have to provide testimony obligations to the judicial authorities. From thelegislation, the whole world has been clear it. And, this is also the true judicial entityto pursue an inevitable requirement. Meanwhile, many national laws also allow therelevant witnesses have the fights of refusing to testify and Ancient China had existedimplicit relatives compatible system. So, doesn't it mean seem to be contradictory?In fact, this is not the case. Because of the complex and diverse, pluralistic societyvalues, many witnesses refuse to testify in the judicial practice. So the law has tocompromise. We all know, there are a lot of factors leading to it, such as the results ofthe social diversity and balance conflicting. And its specific performance is theinevitable choice of the justice interests and individual rights, Individual rights andthe overall interest's balance. As adjustment of the social order and regulateindividual behavior, the law should be truly based on the cornerstone of thehumanized justice, seeking a way to achieve the relative balance of the effectivedefending social values and the protecting individual value. In. exceptional cases, thelaw allows witnesses to invoke the right to refuse to testify, and then they can defendthe judicial power. Thus comparison to safeguard the judicial rights, other moreimportant social benefitssuch as marriage and family harmony and stability,professional conduct and development prospects for other major national and publicinterests can be protected.In today's world, about the system of the witness refusing to testify, manycountries have been generally agreed on it. Through the historical inspection of thewitnesses refusing to testify system, we can basically learn that all the legal privilegesare made more detailed provisions. And, although based on different historical,cultural traditions, ethical concepts and religious differences, the system has vary provisions, but there are also similarities. Specifically, about the form and the content,the provisions of national laws are unique. But in the main's scope of enjoying thisprivilege, the applicable to the case, the judge's discretion, the witnesses to give upthe privileges, and so on, there has a similar experience. Comparing to other state laws,China lags behind in the current legislative levels that did not require the witness torefuse to testify. However, with a long history ancient civilization, the ancient Chinahad two thousand years of implicit relatives Compatible system. Only to after the new.China founded, it was banned. Through the historical retrospective to the Ancientrelatives of concealment, the analysis and exposition of the presence of its uniquesocial background and values contained in relatives, we can see the system is adapt tothe unique conditions of ancient China's legal system. So it has the importanthistorical significance.Looking at the world's all witnesses refusing to testify rules, it is not difficult tofind it's basic content and inherent characteristics. In other words, it is based on thelaw witnesses can refuse to provide testimony in exceptional cases, for example,because of the family relationship, special occupational relations, public relations andother interests of some special circumstances. Then, why the rule can be existed?There are many reasons for it. It can be said the considerations of the socialtraditional cultural, ethics, individual rights, public interests and so on is the keypoints. Also, it is a compromise and balance between pursuits of the case justice withprotection the other social interests.After the integrated consideration of the witnesses refusing to testify system, Iwant to envisage construction of it in theory with the aim of achieving greater returns.With the ship sailing slowly into the 21st century, China's economical reforms hadmade tremendous achieve.ments; democracy and the rule of law also conform to thehistorical development of the necessary corresponding improvement and perfection.At this opportunity, building the privileges rules ushers a new dawn. In theoreticalcircles, the voices are growing louder by the day. The legislation also should be put iton the historical agenda. As for the system construction, we should be bold to borrow and learn the advanced experiences from the West Country. But China still based onthe inherent traditional cultural laws and existing legal framework, with the reality ofthe country and the establishment of meeting times instead of a simple "wholesaleWesternization" or CD-West "look".