On The Evidence Of Privilege Rules

Although we have made a lot of rules for evidence,there is still a lot of work to do to improve the rules of evidence privilege.Our three laws of suits have stipulated that any entity and person has the obligation to attest in honesty,not enough weight has been put on the rules of evidence privilege.The rules of evidence privilege has been built up in many other countries in the world,and put into practice.Meanwhile,it also has been built up in our HongKong,Macao and Taiwan and testified in legal practice,which we can use as a reference to build our rules of evidence privilege.This thesis starts from the concept of evidence privilege,and nails down the intention, function,classification and range of it.Based on the value of lawsuit,the theory of consciousness and the protection of human right.This thesis also analyzes the necessity of evidence privilege;based on the ethic basis,practical basis and theoretical basis of the rules of evidence privilege,analyzes the feasibility of evidence privilege;This thesis also analyzes the current condition of our study of the rules of evidence privilege,by comparing the difference of the study of it in two law systems,and brings forward the ideas about the pattern in which we can build up our rules of evidence privilege.The thesis can be divided into three chapters.The first part based on the meaning of the evidence privilege and the rules of evidence privilege,by comparing to the exclusionary rule of evidence,the scope of the evidence privilege and the classification of the evidence privilege.The second part tells that existence of the rules of evidence privilege is rational. Compared to the continental law system and common law system on evidence privilege, and Hong Kong,Macao and Taiwan on the evidence of the provisions of privileges,point that the necessity of the rules of evidence privilege.The third part tells that analyze the feasibility of constructing the rules of evidence privilege in our country through many problems existing in the settlement.Establish and improve the related necessary supporting system in the Judicial Review.