On Build Witness Refused To Permit The Right Of The Legal System In China And Countermeasures

The declining witness rights in criminal procedure refer to the right to refuse to be witness in criminal procedure freeing the special witness legal obligations to offer testimonies, protecting the special social interests. The declining witness rights is helpful to protect special and more important social relationships, development of relative profession and public interests of societies, therefore many scholars suggested that the system of the declining witness rights in in criminal procedure should be established in our courntry. Through introduction of the concept of this legal term, investigation of the experiences of related legislations in foreign courntries, and comparison of pro-and-con of the effects of this legal mechanism based on the realities of China, the writer concluded that the legislation of the declining witness rights in criminal procedure was not availbale in China. This rule was not matchable to the general goal of the development of our courntry, to our cultural tradition and current economic capability, and to our legal realities. The future legal system of China should firstly protect special social relationships, secondly develop those relative professions, thirdly protect human rights of the witness, and finally contribute to the healthy progress of entire society. By absorbing the principles and basic truths of the related legislatios of the declining witness rights in foreign courntries, combined with the realities of China, the article put forward some suggestions concerning establishment of the system of compulsory attendance and testimony of witnesses and improvement of current system of legislations related to witness.