Witnesses In Criminal Proceedings To Refuse To Permit Right System

It has become a widespread phenomenon that witnesses fail to testify or fail to take the stand in nowadays lawsuits in China, which not only accounts for the settlements of disputes but also jeopardize the authoritativeness of Chinese jurisdiction. Surveying developed countries'laws in latitudinal way and laws of ancient and modern China laws in longitudinal way, and form the perspective of human nature and social historical development, only to entitle witness the right to refuse to testify in certain conditions, and strengthen penalty for refusing in testimony is the way, to change the status quo of refusing in testimony and a low ratio of taking the stand. From the very angle and taking historical experience home and abroad for reference, this thesis explores the privilege of witness'system, and brings forward practical suggestions for the establishment of Chinese witness privilege system.This thesis falls into six chapters excluding the introduction and the conclusionChapter one:The overview of the privilege of witness in criminal action. In this chapter, the basic conception, characteristic, and differentiation from other rights are mainly discoursed.Chapter two:The system of witness privilege in China. This chapter consists of two aspects:first, the system of witness privilege of ancient and modern china:the rudiment and source of the system of witness privilege in China-from "remain under cover among relatives" to "remain under cover among people who live together"; Second, the system of witness privilege in Hong Kong, Macao and Taiwan:the similarities and differences, providing valuable elements for establishment of the system of witness privilege in Chinese mainland.Chapter three:The system of witness privilege in foreign countries. In this chapter, provisions for the system of witness privilege between two main representative western genealogies of law are quoted and their similarities and differences are explored for reference for establishment of the system of witness privilege in China.Chapter four:The current situation of the system of witness privilege in China. This chapter discourses the current situation of the system of witness privilege in China mainland and the reasons are treated.Chapter five:The significance of the system of witness privilege construction. The significance, urgency and realist of the establishment of the system of witness privilege is pointed out from such aspects as the construction of a harmonious society, the respect for basic human rights, the current situation of China economical and social development.Chapter six:The blueprint of the system of witness privilege in China:to establish the system of witness privilege in China that meets practical needs in light of China reality and experience of developed countries.With the social development and civilians'strengthening of legal consciousness, the system of witness privilege will surely be established in China mainland and play a distinctive role in building a harmonious society.