| Legal Thought of kin concealment system is the main expression of Chinese ethical law concept and gradually turns into important criminal law system in the Feudal Era. Confucianism is regarded as feudal dross at the initial period of new China, traditional Confucian culture is separated by itself, and the embodiment of the feudal thought of kin concealment system is totally negated. Despite that, in modern society with modern legalization preceding deeply, the kin concealment system is still significant in promoting current legal construction. Due to unilaterally emphasis on nation as the criminal law value, individual interests is neglected, national interests tends to be maintained, and public authority can be widely used to intervene private life in solving criminal cases. However, implementation of public authority should be limited to certain extent, witness is not the method and tool of seeking facts but independent subject in law. Law endows the witness the right to resist public authority from witnessing under some specific conditions in certain senescence, which shows that our country protects subject’s family and daily life from invasion by public authority. In the modification of Criminal Procedure Law"2012, relatives-testify-right system was established in socialist legal system again.However, within the simple, rough and deficiency of maneuverability of related clauses of rejecting-relatives-testify-right system, various defects in rejecting-relatives-testify-right system in Substantive Law and Procedure Law level are obvious, therefore, the improvement and reconstruction is a urgent event. Based on above statement, analysis from Chinese and western aspects and discussion specific rules on this legislative current situation carried out in Hong Kong SAR, Macau SAR and the Taiwan region area are aim to draw beneficial experience in accordance with China’s mainland national condition for proposing further improvement of the conception of rejecting-relatives-testify-right system. |
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