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The Research Of Privilege Regulation In The New Criminal Procedure Law

Posted on:2014-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:F WangFull Text:PDF
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In March14,2012. according to take the decision to amend《Criminal Procedure Law of the People’s Republic of China》, the fifth meetings of the Eleventh National People’s Congress in accordance with the decision on amend Code of Criminal Procedure. The new Code of Criminal Procedure added the privilege of relative witness, regulate the regular witnesses still have responsibility to testify, and exempted testify obligations of suspect or the witnesses who has kinship with accused. In the Code of Criminal Procedure, the privilege of relative witness is an important right of the right of privilege of witness. In the developed counties, all established system of privilege of witness. Through this legislative amendment, Chinese code of Criminal Procedure has fixed this problem. Privilege of witness guaranteed the right of the citizens to refuse to testify or restrain the others to testify. The text discussed the concept of privilege of witness, its aspects such as characteristics, classification, historical origins; legislation embodies and, combined privilege of relative witness from the new Criminal Procedure Law. Therefore, one can easily draw the following conclusions, even through the new Criminal Procedure Law regulated the privilege of witness, but the applicable range is too narrow, as well as the privilege of relative witness. To sum up, according to modern international background and the actual situation of the state, people are the demand for privilege of witness, weigh the interests of the individual case, interests of the public, and the interests of the community, the further expansion and apply privilege of witness system in our country, are the problems need to be solved in our legislation.
Keywords/Search Tags:Privilege, Privilege of relative witness, legislation
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