Study On The Right Of Immunity Of Relatives Witness In The Criminal Procedural Law

The right of immunity of relatives witness is an important part of the evidence act.It shows the multiple values in the criminal proceedings. And it also plays an activerole in the maintenance of family and social stability. In many countries, the right ofimmunity of relatives witness is authorized by law under certain conditions exceptChina. This article is mainly focused on the right of refusing to testify of relativesboth in China and foreign countries. The rationality and possibility of the right will befully discussed below by the way of comparison. First of all, in order to learn theadvantages and disadvantages about the right, the different provision between the civillaw and the common law will be introduced in the article. Then, the right of immunityin ancient China will also be argued in the following. In addition, the article willillustrate the current situation of legislation nowadays. Finally, some advices whichare related to the legislative proposal will be recommended. Generally, this article isdivided into four sections.Chapter1is mainly about the concept of the right. Afterwards, it discusses the valueaspects in the utilitarian and humanistic theory.Chapter2is emphasized on the comparative law in Germany and the America in thefirst part. In the second part, the main content is about the historical development ofthe right in ancient China.Chapter3is focused on the current situation of the right in China now. The article will explain why it is necessary to authorize the right to the relatives.Chapter4is the main part of the article. This section pays attention on the suggestionand solution about the right.