The Research On Relatives Witness Privilege Of Criminal Ligation

Relatives witness privilege is a privilege in the litigation field of evidence system.In this article, the Relatives witness privilege refer that witnesses, with testifiedobligation and the legal relationship to the defendant or the criminal suspect, havethe right to not testify. Relatives witness privilege has important value connotation.First of all, it embodies the legal respect for human nature and moral ethics,maintaining family and social harmony. Secondly it is beneficial to prevent theexcessive expansion of state power, protects of human rights, and to reflectprocedural justice. Thirdly, it rebalance the choice of value, saves the litigation cost.Historically, China has a unique system to regulate relatives testifying behavior.Geographically, both Anglo-American Legal System and Civil Law System have specificprovisions on the relatives witness privilege. However, the relatives witness privilegeis out of our laws for a long time. The new “Criminal Procedural Law”,1st January2013, emphasis there is not compulsory that relatives have to testify, which alsomeans the relatives witness privilege is finally enter the legislative process. Therefore,focused on our countrys current process of law, based on the local resources of ourcountry, and combined with the new "Criminal Procedural Law" to explore thesystem of relatives witness privilege, has important theoretical and practicalmeaning.This article is divided into four chapters. The first chapter is about the conceptand theory of relatives witness privilege. It mainly introduces the concept. and valueconnotation of relatives witness privilege. The second chapter is about the legislativeprocess of relatives witness privilege around countries of the world. It introduces thelegislative process of relatives witness privilege under both Anglo-American LegalSystem and Civil Law System contemporary which include the subjects, rights,procedures, rules and exceptions. The third chapter is about the history of relativeswitness privilege in China. It focus on the development of relatives witness privilege,and give a completely explanation of the relevant provisions in the new “CriminalProcedural Law”. The fourth chapter is about how to improve the system of relatives witness privilege, which improves the content and procedure of relatives witnessprivilege.