On The Construction Of Our Spousal Privilege

Though the scope of relatives differs, there are relevant prescriptionsserving as a reference to Privilege of relatives witness, whatever it isAnglo—American law system or continental law system. The system ofPrivilege of Relatives Witness is an exceptional prescription ofwitness—testifying principle, which is of profound value connotation. In ourancient China, there was Concealment System，but it was totally abolished asthe dregs of Feudalism after the founding of People’s Republic of China.Since they based on the purpose of finding the actual truth and the basicprinciple of national interests, our law set worldwide obligations ofwitness—testifying without any prescriptions on the privileges. In fact, it wasnot only inconsistent with the protection of human rights of internationaltrend, but also neglected the maintenance of many social relations, which isdetrimental to the development of the law and society. Of course, it is notappropriate to establish the extensive privilege of relatives witness at thisstage of our country; we can try to establish spouse privilege from the corepant of the family relationship that’s the spouse.As to the spousal privilege，America is equipped with the most completerelevant legislations. Therefore, this article first takes the spousal privilege in America as a reference, explaining its development line, theoretical basis andrelevant legislative prescriptions, and discussing the controversial issues injudicial practice and theory. The establishment of advanced legal system notonly needs to learn from the successful experience of other countries, but alsorequires a solid social foundation. Therefore, the establishment of our spouseprivilege has to refer to our local resources—the ancient system ofConcealment System. This article then makes a simple arrangement of thedevelopment course of pointing out its deficiencies and shortcomings, inorder to absorb its rational elements. According to the previous two parts,building upon the legislative situation of our country on the issues of spousalwitness, the article will analyze its necessity and feasibility to build up thespousal privilege，and then make suggestions on how to build up this system.