On The Improvement Of The System Of Relatives To Testify Immunity

Relatives to testify immunity is named as the right to refuse to testify relatives, relatives witness privilege, refers to the law of witness qualifications, with accused of legal relationship between people, and have the right not to provide against accused of relatives of the testimony.Witness testimony is the law of all countries in the world given to every citizen who has the witness qualification of a legal obligation. However, with the witness qualifications are criminal accused person family circumstances, if the law force the relatives witnesses to testimony against relatives being prosecuted, the witnesses will be in a dilemma:if refused to testify, witness may bear criminal contempt or refuse the punishment of sin, if made against accused relatives testimony, it will hurt kinship family ethics, impact includes the harmonious relationship between family members, relatives. To maintain the fundamental kinship relationships, social relations reflect the law of humanity, ancient Chinese law system of the "the relatives who protect their own relatives", and western criminal law provisions of the relatives to testify immunity system.On March14,2012, the examined and passed at the11th National People’s Congress the fifth meeting of the<criminal procedure law of the People’s Republic of China>in one hundred and eighty-eight item identified the criminal lawsuit of our country relatives to testify immunity system. This provision, however, is only stipulated the main body scope of relatives to testify immunity, on the application of the relatives to testify immunity application phase, to testify the immunity law guarantee mechanism, to testify immunity problem such as exceptions without rules. Therefore, based on the investigation and comparison of the ancient Chinese and western main countries relatives to testify immunity system, on the basis of analysis of our relatives to testify immunity system existence question and its reason, to improve our relatives to testify immunity system is the important reference significance. This paper is divided into four parts:The first part, the legal analysis of relatives to testify immunity system. Illustrates the concept of relatives to testify immunity, analyzed the characteristics of the relatives to testify immunity, reveals the relatives to testify immunity to maintain ethics.To promote social harmony, improving the efficiency of lawsuit and the promotion of the value of human rights protection.The second part, in ancient China and western countries, modern relatives to testify immunity system legislation and practice. Compared the middle and western relatives to testify immunity system similarities and differences, pointed out the relatives to testify immunity system of western countries for reference in China.The third part, introduce interferes with relatives to testify immunity system of our country’s present situation, points out the main problems of our relatives to testify immunity system, and analyses the reasons of the problems.The fourth part. From relatives to testify immunity subject scope, applicable stage, relief mechanism and relatives to testify immunity exceptions four aspects put forward the Suggestions of perfecting our country’s relatives to testify immunity system.