The Privilege Of The Relatives As Witness In Criminal Procedure Of Our Country

The privilege of the relatives as witness in criminal procedure is an universal system,supported by the jurisprudence, the theory of social ethics, economics and psychology. Itplays an important role in human rights protection, legal system unification, and manyother aspects. Extensive legislation of the privilege of the relatives as witness in foreigncriminal procedure as well as the development of the ancient Chinese Confucianism andconcealment between relatives testify the rationality of the privilege of the relatives aswitness. But after the founding of new China, the old legal system came to an end. In themeanwhile, the original system of the privilege of the relatives as witness met a thoroughnegation. Until the year of2013, the privilege of the relatives as witness was finally addedin the new criminal procedure law. It means that the privilege of the relatives is admittedfrom the angle of legislation. But the rule is still has many defects, such as narrowapplicable subject, no definite scope, limited stage, having no remedies and so on.Literature survey analysis, comparative analysis, comprehensive induction method,historical method and value analysis are all used to research the privilege of the relativesas witness. Literature survey analysis and value analysis are used to discuss the theoreticalbasis and application value of the privilege of the relatives as witness, laying a foundationfor the later argument. History method and comprehensive induction method are used tosee the development of Chinese Confucian and concealment between relatives, findingenlightenment to today’s the privilege of the relatives as witness. Literature investigationanalysis and comparative analysis are used to research foreign legislation of the privilegeof the relatives as witness, referencing from it after Fostering strengths and circumventingweaknesses. Finally, we can find suggestions to the perfecting of the privilege of therelatives as witness to our country from above argument, such as defining the applicablesubject, clearing definite scope, expanding apply phase and setting up remedies.