The Theory Of Establishing The System Of Relative To Resist The Card Power In The Harmonious Society

At present, relatives refused the card power system has become the hot topic ofextensive discussion by the Criminal Procedure Law of the academic. In March2012,the latest amendments to the Code of Criminal Procedure " does not absolve theobligation of close relatives of the suspect to testify, but made the provisions of closerelatives can be forced to appear in court. Although this provision relatives right torefuse to permit system with international far apart, it is still a welcome improvement inthe process of China’s socialist rule of law. For this, Professor Chen Guangzhong thinksthat close relatives can not enforce the court’s requirements in the bill, rather,"I stillhold a sense of partly concealed". I also believe that there is good room for developmentin the area of the Criminal Procedure Law.China has always been a "ceremony of France for the first" deep-rooted moraltradition. In this social context, the report to the Seventeenth Party Congress to build aharmonious socialist society, and democracy and the rule of law "as a harmonioussociety, which fully demonstrates the" rule of law and harmony "in building aharmonious society in the basic and importance. So, how to build a harmonious rule oflaw? The author believes that the harmony rule of law not only to "blending ceremonyin the Law, but also to the financial situation in France". Legislation to give the peoplemore humane care, giving it more rational choice, not only to resolve the judicialpractice in a lot of embarrassment and contradictions, but also makes the operation andimplementation of a law by the judicial better. Relatives refused to permit right systemto precisely reflect the modern law of human nature ethics family care, within a certainrange, given the close relatives the right to refuse to testify, not only to fulfill themaintenance of social affection moral, and avoid the people and the law conflict,eliminating the resentment of the people on the law and psychology, and ultimatelyenable people to generate a sense of trust in the law, in order to truly establish theauthority of the law. This is not only contrary to the ultimate goal of the penalty, but alsoin line with the spirit of harmonious society people-oriented. Therefore, I believe thatthe relatives refused to permit the right system built in our country, both to improve thesocialist legal system, or building a socialist harmonious society, have important theoretical and practical significance.