Study On The System Of Immunity Of Relatives In Criminal Procedure

The right of immunity of relatives, which is also known as family privilege, as the name suggests, in the code of criminal procedure, because of their special relationship, the principle part which ought to bear the obligation to testify, has the right to refuse to testify or exempt from the obligation to testify. The criminal proceedings or evidence legislation of modern western countries, after weighing the punishment of the crime and some other important social value, universally admitted the legitimacy of the right of immunity of relatives within a specific range,the continental law system is a delegate with Germany, France and Japan, and the Anglo-American law system is represented by Britain and the United States. They are in the form of legal provisions on the system of immunity of relatives of the law.Through the learning of Chinese legal history, we know that there are some components related to the system of immunity of relatives in ancient concealment system in China. Unfortunately, since 1949, in the process of building a new Chinese legal system, our country didn’t inherit the system that fit Chinese traditions and conditions. At the same time, regardless of our country’s criminal law or the criminal procedure law, they stipulate the obligations of witnesses. Although the criminal procedure law stipulates the close relatives’ right of refusing to testify, there are many shortcomings. It is not the true sense of the right of immunity of relatives. There are still big differences between them. The causes of this situation are various.The law’s pursuit of the maintenance of social order is the proper meaning of the rule of law. Only from the perspective of convenient handling, but not taking the big bad influences for the relationship of relatives of relative-testify is not wise.Relative-testify seriously damaged the social universal attention in the family ethical relations, to some extent is a severe challenge to the harmonious social relations and the stability of social order, because family relationship is the most important social relations which holding a far-reaching. In a harmonious society where human’s right consciousness gradually awakening, it is essential and feasible to build the system of immunity of relatives which aiming to protect the family relationship, social humanrelations and maintain social order.Of course, the establishment of the system of immunity of relatives in our country needs to be strictly designed of the content and program of the right on the basis of the right of immunity of relatives, and improve instantly.