The Witness Refused To Problems Of Proof

The testimony of witnesses proved the truth of the case to be heard and played a key role in making the citizens to testify as a basic obligation in the modern rule of law has been generally recognized. However, many countries require a witness to testify obligations, also provides that the rights of Witness. Witness the modern rule of law system is an important evidence of the legal system is the exception to the principle of 'witnesses to testify in court, and rich cultural foundation of law and profound practical value. Currently in the world Privilege has been universally established, but China's Criminal Procedure Law of the lack of the system requirements. This paper briefly described the basic theory of the right to refuse to permit, based on in-depth analysis of China's Witness system to establish the necessity and feasibility. Reference to Relatives in the system and study the advanced on the basis of legislative experience, try a legislative Witness China's initial construction of the system. So as to improve our evidence of legislative action to strengthen human rights protection, increase of witness and promote the process of socialist rule of law put forward constructive suggestions.