The Exemption To The Witness Obligations Of Relatives

The exemption to the witness obligations of relatives, means that on thepurpose of maintaining the marriage and the relations of family, thewitness obligations of relatives can be exempted, on the case of thetestimony maybe damage the witness’ family. According to different objects,the exemption to the witness obligations of relatives, can be divided intothe exemption to the spouse testify duty and the exemption to the closerelatives testify duty.In British and American law system, the exemption to the witnessobligations of relatives, has been reflected in sorts of precedent laws.In civil law system, the exemption to the witness obligations of relatives,has been established in penal code. In ancient China, there was a kindof legal system which is similar to the exemption to the witnessobligations of relatives. This legal system asked one man to shield theirclose relatives, on the case of their family members committed crimes.This legislation idea budded in Zhou Dynasty, and became a formal legalsystem in Han Dynasty, and was established in all later dynasties.The law of criminal procedure has not established the exemption to thewitness obligations of relatives, and everyone who knows the situationof the case has the obligations to provide testimony. On the case of thewitness was a close relative of one party to the litigants, consideringthe love of family members, the witness may be reluctant to provide thetestimony which may be against to the witness’s relatives. The witnessobligations of relatives do not respect normal human feelings, so it isnot just and free. The purpose of the exemption to the witness obligationsof relatives is to maintain the relations of family, to meet the need of justice, freedom and order, to resolve the conflicts between the law andthe ethical. And the ultimate goal is to maintain the harmonious and stableof society.There are not only needs, but also possibilities to establish theexemption to the witness obligations of relatives. First, there is lotsof legal experience in other countries. Second there is deep culturalfoundation in our country. Finally there are other foundations which arenecessary to the establishment of the exemption to the witness obligationsof relatives.The establishment of the exemption to the witness obligations of relatives,is not only to propose a legal definition, but also to make it to combinewith our existing legal systems. Therefore, we should establish aexemption to the witness obligations of relatives system which isaccording with our national situation.