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On The System Of Privilege Of Relatives Witness

Posted on:2016-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:T W ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Privilege of Relatives Witness Testimony privilege belongs to a class of which appears, is based on such a situation: when the witness is the criminal suspect or the defendant’s relatives, witnesses will wander between loyalty and concealment, and thus it is difficult to make a choice. So, how should do when the witness testify object as relatives? To solve this problem has become the most fundamental reason for the privilege of Relatives Witness of existence. Most countries in the world today are the law of privilege of relatives witness was confirmed, although the Anglo American law system and continental law system on the regulation of system has some differences, but the common aim is to protect the basic human interests, that is, family relationship. In the history of our country, also once and modern system of privilege of relatives witness is very similar to the "family concealment system", so "the emergence of privilege of Relatives Witness" is not accidental, but an inevitable trend.Privilege of relatives witness has such strong vitality, because it has a very important value connotation, including the value of ethics, to limit the power of the state, the protection of human rights value, realize the value of procedural justice, economic value and so on. Therefore, in the legal system of countries all over the world communicate with each other, mutual fusion environment, our country should comply with the general trend of thought and related legacy in the history of our country to carry on the reasonable inheritance, and make appropriate reference to mature in other countries in the world, legislation, to establish and further improve the system of privilege of relatives witness. In fact, in January 1, 2013 the implementation of the new "criminal procedural law" has been added to the relatives testify immunity related provisions, but given the poor law, and the lack of relevant legal, it can not be called the strict sense of the privilege of relatives witness. This is the reason why chooses this topic to conduct the research.This paper attempts to common law and civil law countries with stronger representation on relatives to testify before legislative Exemption Right for reference, combined with China’s regulations on relatives to testify immunity, starting from relatives testifying basic concept of Immunity, further clarify the value connotation of the system, at the same time, it made clear that lack of respect on the system of legislation, and other countries and regions, according to the more mature complete system of legislation, put forward the corresponding improvement proposals.
Keywords/Search Tags:the relatives concealment, relative privilege of witness, appearing in court testimony immunity of relatives
PDF Full Text Request
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