Spousal Evidentiary Privilege In Criminal Procedure Law

Criminal Procedure Law, which was enacted in March2012, stipulates in article188that: after being notified by criminal court, a witness may refuse to testify before courtwithout justifiable reasons, the court may force the witness to appear before court, unlessthe witness is the spouse, a parent, or a child of the defendant. It is the first time to confirmthe Spousal Evidentiary Privilege since the new China’s foundation. It is a reference toAnglo-American evidence law and a inheritance Chinese traditional, which has a greatprogress. Based on the studying of the evolution of Anglo-American evidence law andChinese Concealment, this article tries to introduce Spouse Evidentiary Privilege, to clarifyhow to operate the procedure, improve the relevant supporting measures, and avoid the lawarticle is overlooked because of the lack of operability. So that we can construct theChinese Spouse Evidentiary Privilege, and can fully exert its function.