Study On The Rules Of Relatives’ Witness Exemption

The rules of relatives’ witness exemption are important component of the system ofright of refusing bear witness, which is the traditional regulation in western procedurelaws.It refers that in order to maitaining specific kinship ties,a certain range ofrelatives of the party concerned are entitled to refuse to state his own informationrelated to case concerned to judicial branch in litigations. The rules of relatives’witness exemption are established in procedure laws or evidence laws in mostcountries throughout the common law and the civil law.Legal theorists have arguedabout the establishment of the rules in China,though they are not prescribed in thethree procedure laws in effect. Scientific construction of the rules of relatives’ witnessexemption has important theoretical and practical significance.The ensurance of relatives’ basic rights are neglected due to the above absence ofthe China procedure laws in’ effect.It has the necessity to establish the rules ofrelatives’ witness exemption through trade-offs.It meets the demand of ethics andmorality,the ensurance of society harmony and the modernization and internalizationof legality.Relatives’ witness exemption is already popular among rule-by-lawcountries.Through investigating the relevant legislations in the common law,the civillaw,Hongkong, Macau and Taiwan and of the ancient China,and then comparing andanalyzing them,the author deems that the external conditions for the establishment ofChina’s rules of relatives’ witness exemption are ripe.Gradual reinforcement andperfection of the building of the socialist market economic system and socialistdemocracy and legality and attention to protection of human rights have settled socialbasis for the establishment of the rules. Furthermore,the rules can be established onthe basis of jurisprudence owing to privacy and evidence principles theory.Thereforeit has the feasibility to establish the rules of relatives’ witness exemption.This article put forwards the specific schemes of the establishing the rules ofrelatives’ witness exemption by referring to foreign legislations and linking China’sconditions.First,the exemption relatives should be limited in the range ofcouple,farther,mother,sons,daughters and brothers and sisters.Second,staff of judicialdepartments should be excluded out of exemption.The crimes of espionagesedition,terrorism and organized criminal gang should be classified as the exeptions ofrelatives’ witness exemption.Third,informing,exercising,reviewing,remedying andpunishing procedures should be set.