Discussion Of Perfecting The Privilege Of Witness

The privilege of witness that in the specific circumstances of the Criminal Procedure Law,those who should be used as criminal witnesses.Based on the specific identity relationship, working relationship, duties and responsibilities of the relationship between statutory reasons, have the right to freedom from providing testimony, evidence or information. The privilege of witness reflects that Modern Law of Criminal Procedure respects and guarantees Human rights, maintains Human relations and Human nature, respects specific career and religious beliefs. The privilege of witness is imperfect that leding to lacking of protection of the right of witness,and leding that appear in court is difficult for witness。This article includes introduction and conclusion,and divided into five parts.Such as:The first part overview of the privilege of witness. This part, Mainly discusses the concept characteristics and classification.The second part legal basis for perfecting the privilege of witness.Discoursing mainly from four aspects:respects and guarantees Human rights, maintains Human relations and Human nature, respects specific career and religious beliefs.The third part:The investigation to the privilege of witness system of the main foreign countries. The point of this part is the history and the present situation of legislation of the privilege of witness system in Britain, the United States, as a representative of the common law countries and in Germany, Japan, as a representative of the continental law system country,and it also analyses the reason that cause the difference between the two law system.The forth part:The history and the present situation of the privilege of witness in our country. We don’t have such a system in history, except the similar system that mutual concealment of kinship offenses. This part tells us the improvement of the mutual concealment of kinship offenses system and the conjoint process of the two system. And it also points out the shortage of the privilege of witness in present and the reason. The fifth part:To perfect the privilege of witness system. This part tells us the necessity and design of the privilege of witness system, the right and duty of the witness,the exception of the system and the exclusionary rule of illegally obtained evidence and so on. Then it points out that we should take examples from the west advanced experience and consider the present situation of our country to perfect the privilege of witness system.