On The Testimony Immunity Of Witness

The testimony immunity of witness has been stipulated by most states and districts in the legislation which covers the procedural evidence,but with various names.It is called as testimony immunity of witness in the Anglo-American civil law system,while as immunity of secret in theAnglo—American law system.The difference between the names shows big gap in the ideas of testimony immunity of witness.In our country,there exist no clear and exact regulations relative to testimony immunity of witness.The definition of testimony immunity of witness means,according to the regulations and articles concerned,the persons who shall testify the facts in the court hearing,have the privilege to refuse to attend the court hearing,invalid testifying to the relative specified and certain extent,which based on special status,or etc. Many countries both in civil law system and Anglo-American law system,have stipulated the testimony immunity of witness,but with different details,so it is time to set up testimony immunity of witness system in our country.It seems that sometimes the testimony immunity is against the legislation in being facially,but the substance is the system aims to balance different values in the criminal proceeding,to keep the marriage and family stable,and keep the personal territory off the (?) national power,to reach the procedural just ana fairness,and balance among values.The content of testimony immunity of witness system is as follows:The privilege of administrative action,privilege against self-incrimination, the testimony immunity of witness among the relatives,the immunity of occupation,the exclusion rules.Testimony immunity of witness aims to protect witness,and the concerned social benefit and special relatives in society,arising out of the balance of various social benefit.Witness testimony system means a lot to both theory and practice field.The excessive focus on the rate of witness attending the court hearing to testify,lead to the neglect of protection to the concerned social ralationships.Consequently,the focus on the benefit and right of witness,enhancing the protection of concerned social relation,and to balance the choices among benefits and values,have come to be important subjects.The absence of legislation relate to testify immunity of witness shall be made up gradully,base on the national circumstances,and foreign legislation and practice experience in the economic development,time evolution,and the legal reformation.in the future,the full set of evidence act shall be ragulated involving the testify immunity of witness system. With the maturity of technology on procedure legislation, to perfect the testimony immunity of witness shall be inevitable,which will make the conflicts between testify immunity and finding of the facts show up gradually.Because both the focus on the right and obligation of witness,and the adversary model taking place of the autocratic model,this important right regulation which reflecting the balance of different benefit and right,shall occupy a seat in the procedure law legislation in the future.