The Research Of Relatives Witess' Immunity

The Family Concealment System that was characterized by "the man shall not appear in the court as a witness, accusing their relatives", which was typical Confucian moral, lasted more than two thousand years in the ancient society in China. In modern western countries, both British and American law system and Continent law system have the law provision about the relatives'immunity to testify. However, because of the social ideology, the special circumstances and legislative ideas at the beginning of the People's Republic china, this kind of law provision hasn't been written in the current criminal prosecution system yet. On the contrary, the man who knows the criminal case shall appear in the court as a witness; in addition, it is an obligation of the involved person's relatives.The relatives'immunity to testify, as a law system, has been accepted wildly by people around the world, which is due to the common value pursued by all human beings. The relatives'immunity to testify embodies the concern of the legislation for the human nature and protection for human rights. It can defend the family ethics and affection and promote the family's solidarity very well. It is also of great significance for the social harmony and stability and long-term peace and order in the country.Therefore, the absence of the relatives'immunity to testify system will lead to a succession of bad results. First, it is bad for the foundation of the authority of the law; then, it is an infraction of an old dictum:the law doesn't obtrude human beings, namely it is impossible to let people to accept it. Another unfavorable result is that the authenticity of the relatives'testimony is under suspicion; It is also less conducive for criminals'active self-rehabilitation and return to the society; Finally the process of legislation of our country will be impacted.In this thesis, the author mainly analyzes the disadvantage of the absence of the relatives'testifying immunity system, which is on the basis of fully exploration of the value of the relatives'immunity to testify. Through comparing the relative law provisions on the relative's immunity to testify between two law systems, the author puts forward some proposals and urge for enacting the relatives'immunity to testify system that can reflect our national condition.