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Studies In The Rules Of Privilege

Posted on:2014-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:F BaoFull Text:PDF
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The Rules of Privilege are regarded as one of the inseparable parts of modern Evidence Law, as well as the expression of respect for human rights, ethics and morality. At present, whether the countries which are in the civil law system or the common law system, most of them have adopted the Rules of Privilege in their Evidence Law. What’s more, they have been trying to keep the balance between the interests which the Rules of Privilege protect and the demands of seeking the truth of the case in the legislation and the judiciary. Though the Lawyer-Client Privilege has been concerned in the Law of Lawyer, it is regrettable that our country did not build the Rules of Privilege system in the law system before 2012, which made the contradictory and conflict between the law and the human feeling, ethics and public order and good custom, and made the credibility of the law and judicature.Eventually, our country has formally built the basic framework of the Rules of Privilege in the legislation through the amendments of the Criminal Procedural Law and the Law of Lawyers in 2012. And it is considered to be a great progress to the construction of the legal system. This thesis begins with the explanation of the basic contents of the Rules of Privilege and the specification of their origins and developments. Then the theorical basis of four main rules of the Privilege, as well as the sorts and manifestations, would be analyzed. Furthermore, the laws and regulations, which are related to the Rules of Privilege in the different typical countries of the civil law system and the common law system, are illustrated and compared in order to finding the common contents of the Rules of Privilege. Then combined with the current legal provisions about the Rules of Privilege in our countries after the amendments of the related laws in 2012, it is the analysis of the defect and disadvantages of the current Rules of Privilege, and made some advices for building and perfecting the Rules of Privilege.
Keywords/Search Tags:the Rules of Privilege, Privilege against self-incrimination, Privilege of Relatives, Privilege of Certain Professions, Privilege of Public Interest
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