Criminal Witness Privilege System Research

Witness privilege system (also known as witness privilege regulations) are thecountries of Anglo-American law system and continental law system countries importantlitigation system. The system contains the content of many,there are various exchangeprivilege.Witness privilege system as an important legal system, the human rightsprotection function and to the social system equilibrium value gets more and morerecognition. Many countries in the world and regional laws have witness privilege ofwitness privilege regulations, suggesting that involve conflicts of interest and the interestsof the measure of the importance and universality. While the legal system of our country,emphasize only the witness testifying obligation, without involving the witness privilegeregulations, this and our country at present the construction of rule of law background isextremely inconsistent. This paper largely relying on foreign privilege system operationand basic principle. First of all, this article through to the witness privilege concept wasdefined and the Anglo-American law system and continental law countries the privilege ofthe universality and the difference of comparative research, on this basis to explore theprivilege of universal value concept, with a view to construct our witness privilege systemprovides a period of experience; Secondly, discusses the special permit free right ofwitness system in China to establish the historical origin, and the lack of institution for thejudicial practice of China caused damage, analyzes our country to establish the system ofreal condition. Finally, the author attempts to our country witness privilege system and tryto construct, we should according to our country national condition is restricted totransplant western countries criminal witness privilege system, the construction types,construction scope is defined, and put forward the concrete operation procedure.