Study On Relatives Witness Privilege In Criminal Litigation

Relatives witness privilege is the most complex and the most important privilege in the privileges system.This privilege built both in the Anglo-American Legal System and Civil Law System,Many countries and regions recognize it in legislation or judicial,this is not a coincidence,but Relatives witness privilege has its unique value connotation.In China, Due to kin concealment system plays a very similar role to Relatives witness privilege, the ethical values of kin concealment.Therefore,when study Relatives witness privilege,we also study the kin concealment system.Relatives witness privilege in this article is in the legal cases,when witness has legal relationships with the parties,the witness enjoys the right to refuse to testify.Scholars have many view on value connotation of Relatives witness privilege.Relatives witness privilege has important value connotation.First of all,it has the social value to preserve family harmony and national stability.Secondly,the system has the ethical value for respecting humanity and human relations.Finally,it can protect civil right and limit the pubic power abusing.Due to various reasons,Legislation do not make provision in Code of Criminal Procedure,the present legislation situation hindered the rule of law in China.The new Code of Criminal Procedure of article 188,1st January2013,increasing the provision that the spouse of defendant,parent,children can not be forced to testify,whether or not they have legitimate reasons to appear in court to testify,which amended anyone has the obligation to testify previous practice,reveals the new Code of Criminal Procedure respect for humanity and ethics.But we should see that in 188 about spouse, parents, children shall not beforced to testify regulation is not a complete sense of the system of relatives witness privilege.there are two important reasons.First,the provision of article188 do not provide for the rights and it is far from relatives witness privilege in Western.Second,article 188 is a more principled law,is not a system.The effect of the system of relatives witness privilege in the process of the rule of law can not be ignored and the Legislation should pay more attention to it.This article is divided into five chapters.The first chapter is about the introduction.It mainly introduces the background of writing,thought and research methods.The second chapter is about the theory of relatives witness privilege.It mainly introduces the concept and value connotation of relatives witness privilege.The third chapter is about the legislative process of relatives witness privilege around countries of the world.It mainly introduces the legislative process of relatives witness privilege under both in the Anglo-American Legal System and Civil Law System,From judicial precedent to statute law and from the entity to the program to introduce foreign relatives witness privilege system helps us to deeply understand the connotation of the system.The fourth chapter is about the history of relatives witness privilege in China.It mainly introduces the Kin Concealment system in our country,And an analysis of the causes the actual state of legislation in the relatives to testify.The fifth chapter is about the idea of constructing the system relatives witness privilege,I put forward the proposal about the subject, object, content and other entity part and the right to inform,claims, legal consequences such as program.