Study Of Relative-Witness’ Privilege

In the face of the rate of witnesses to appear in court is low in our country, and the evidence system of the legislation is not perfect in the present situation, our country’s criminal procedure law and relevant judicial explanation has been unable to fully solve this difficult problem. In our country, to build a new type of strong feasibility of witness system is the top priority. The witness system, however, plays its proper role, must be from the "legitimacy" to implement the "feasibility". A balance point must be found between legal justice and morality of the family.Since the Han dynasty in our country, there is a "privilege between relatives" lawsuit system. This exist thousands of years in basic morals tradition of the Chinese nation and the world of the human heart. For close relatives to testify is not only a challenge to testify obligor inner moral, is also a challenge to the social basic morals. The United States developed a relatively complete system of about the relative to resist to appear in the court under the rule of law. It is a great significance for the witness system.Our country is stepping up efforts to build a harmonious society, but the judicial organs forced relatives witness to offer evidence is common. Relationships, in today’s social networks, is fragile, and forced relatives to testify will give fatal injury to the fragile network. Relatives has become a important aspect of the reform of criminal procedure. On January1,2013implementation of the revised criminal procedure law has remand the provisions of the first paragraph of article188, parents, children has the right not to testify. But this provision is too general, it still need further detailed.The main topic of this essay is about the relative-witness’privilege which is that they could refuse to attend the court to provide some evidence which are disadvantageous to the defendant. This topic introduced the running condition of this privilege in United States of America and European countries, and, moreover, arose an opinion that how to build a similar law in China. Using the way of comparing, history-analyzing, acts-introducing and value-analyzing, the privilege is reasonable has been proven. Further, the conclusion which is that it’s necessary to construct the privilege in China has been taken out.The first part of this essay represented the definition and the value of the relative-witness’privilege by summarized the former professors’achievement. In addition, the writer proved the correctness of the similar right in ancient China with mentioning the discussion these years. In the second part, the law about the privilege in United States of America and European countries has been introduced simply. And in the third part, the running condition of this privilege in Hong Kong, Macao, and Taiwan has been introduced shortly, and the writer arose an opinion that how to build a similar law in China.