The Physicians Privilege

Since the dispute of judicial organ become a "neutral judge", litigationhas been adhering to find really like. In turn, it has the effect of "fixedpattern", so almost in the procedural law of all countries have the obligationto testify about civil rules. Things, however, is not always smooth, especiallyin modern times, the discovery of truth increasingly influenced by externalfactors, and drew some criticism. In this case, the trial purpose has changedquietly, more people begin to pay close attention to the balance of the socialvalue.As a new kind of privilege,physicians privilege is definite expressionof value balance, in other words, the balance is to testify obligation ofdoctors and patients right of privacy. Why is called a new kind? Mainlybecause it is in hundreds of years later compared with lawyer privilege,andthe diffusion process is more difficult. At the same time, with the traditionalof the privilege against self-incrimination and relatives privilege hasobvious differences. Firstly, in terms of theoretical basis, the privilegeagainst self-incrimination is derived from the principles of presumption ofinnocence, and relatives is in order to maintain the family harmony, and thisis obviously different from theory of physicians privilege; Secondly,it is different objects of rights and obligations,.the privilege againstself-incrimination is from his own point of view,and the relatives privilegeis from relatives, but the physicians privilege is from physicians andpatients.Based on this, this article is from the perspective of the "new" toanalyze a series of questions of the physicians privilege,and will be locatedin final foothold,"In our country can be set in that a right?"...