Specific Relative Criminal Free Card Right System Research

Specific relative criminal free card right system aims to provide norms for criminal prosecution procedure and protect human rights. In most countries around the world the system is regarded as taking an important role and is prescribed with specific regulations. The specific relative criminal free card right system has a long history and its origins can be traced back to ’relative concealment’ in ancient China. Though the system was totally denied in the early decades of New China, while the new Criminal Law is to be re-amended, the specific relative criminal free card right system is integrated once again in the system of socialist laws. As an important legal system, specific relative criminal free card right system attracts great attention from scholars. Due to lack of tests and improvements in judicial practice, it’s inevitable to have some deficiencies in terms of substantive laws and procedural laws and it’s also imminent to improve or reconstruct the system. Therefore, this thesis is going to do the analysis both from the perspective of Chinese and western laws, and aims to draw some useful lessons to further improve the specific relative criminal free card right system.There is going to be four chapters in this thesis. Primarily, based on different historical backgrounds in China and Western countries, following the historical evolution of specific relative criminal free card right system, the thesis analyzed the regulations of the system in different historical periods to explore the purpose of the establishment of this system.Reasonable analysis on the existence of specific relative criminal free card right system could help people master the purpose and significance of this system in modern China. Then, this thesis summarized the characteristics, scope and exceptions of this system on the basis of cases in some countries. Secondly, starting from the new revised ’Code of Criminal procedure’ section188, this thesis gave a careful analysis on the nature of specific relative criminal free card right system. Furthermore, deep analysis on the deficiencies of specific relative criminal free card right system and introduction of the system in Hong Kong, Macao and Taiwan would help the operation of the system in mainland. Finally, a comparative analysis on the similarities and differences of the rejecting-relatives-testify-right system both in western countries and China will be given, which will have positive significance in the perfection of the specific relative criminal free card right systemin terms of substantive law and procedural law in China.