Theory Of Relatives Witness Privilege System

Relatives witness privilege means, under legal state with a specific family relationship of citizens, the right not to provide evidence or the right to stop others to testify. The system of relatives witness privilege is to protect realization of relatives witness privilege and refers to a series of substantive rules and procedural rules prescribed or recognized by law.The system of relatives witness privilege with a solid value foundation is the selection after considering all kinds of social relations, various interests, various advantages and disadvantages. The system is the result of rational cognition and assessment of the legal costs and reflects the human, social, legal concrete culture idea. The establishment of a legal system is not the result of legislator’s random design, but the result of choice from a country’s history and reality, based on a variety of values, interests, relationship. Today our society has undergone tremendous changes. The whole society is being in social relations, the pattern of interests, ideas and concepts pluralistic, diverse, changing times. The system needs to make timely changes in response to social changes. The system of relatives witness privilege is in response to this need, and its construction in our country has the practical necessity and the full feasibility. Therefore, the author makes the system of relatives witness privilege into the object of study, with a view to China’s further reform and improves the legal system to make useful exploration. This article with altogether more than 43,000 words, except the preface and conclusion, is divided into four chapters.The first chapter is about general analysis of the system of relatives witness privilege. First, the author introduces the connotation of relatives witness privilege. Again, the author elaborates the connotation of the system of relatives witness privilege. This part mainly expounds the substantive and procedural rules, main characteristics. Finally, the author analyzes the value of the system of relatives witness privilege. The system of relatives witness privilege conforms to the human nature, to meet the needs of the people. The system of relatives witness privilege with respect for family is conducive to the promotion of social harmony and stability. The system of relatives witness privilege is in line with the rule of law, to prevent misuse of state power. The system of relatives witness privilege conforms to the principle of choice and balance of values in criminal procedure, in favor of realizing the maximization of the value of criminal procedure.The second chapter is about evolution of the system of relatives witness privilege in the history. First, the author introduces evolution of the system in our country’s history. This part mainly introduces the development process of the system of kin concealment, the establishment and abandonment of the system of relatives witness privilege in China, and analyzes the reasons for abandonment. Again, the author introduces evolution of the system in the history abroad. This part mainly from the civil law and common law introduces the system. Finally, the author analyzes the enlightenment from the historical evolution of the system.The third chapter is about inspection of the outside contemporary enactment of legislation about the system of relatives witness privilege. This part mainly inspects the outside contemporary enactment of legislation about the system of relatives witness privilege from the civil law and common law, introduces the applicable scope, subject of right, the right content, exceptions and procedural rules, and analyzes the difference of the system of relatives witness privilege in two law systems and its reason.The fourth chapter is about the construction of the system of relatives witness privilege in our country. First, the author elaborates the necessity of the construction of the system of relatives witness privilege in our country. The establishment of the system is to eliminate the drawbacks of our country’s criminal evidence system, to promote the reform of our criminal litigation, to protect the human rights of our citizens, to build of harmonious society. Again, the author elaborates the feasibility of the construction of the system of relatives witness privilege in our country. The construction of the system is with traditional, social, legal, material and technical foundation. Finally, the author expounds the specific design of the system of relatives witness privilege in our country. The author puts forward the concrete suggestion about the applicable scope, subject of right, the right content, exceptions and procedural matters.