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The Research On Relatives Testified Privilege System

Posted on:2017-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:M H LiuFull Text:PDF
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Relatives testified privilege in the Criminal Procedure Law is an important system, the system in order to maintain family harmony and social basic order, the law reflects humanity as a starting point, in many areas there are national criminal legislation. Our history under the influence of confucianism has had "Shielding Relatives" provisions, but the system in China Criminal Procedure Law has been hard to find. With China’s new Criminal Procedure Law presented the court may compel the defendant’s spouse, parent, child to testify, there have been established in our country marked among relatives testified privilege tenure clues. Therefore, China is facing social transformation, the traditional family and family ethics immediate impact by building close relatives to testify in criminal proceedings privilege system has important practical significance. This article will among relatives testify privilege and social status of current combining with China’s basic national conditions as a starting point raised among our relatives testified privilege tenure progressive ideas &the specific rules of the basic framework, in order to effectively ensure that inter Relative Attestation Free right rule in our criminal practice can be feasible.The main content of this paper is divided into five parts:The first part discusses among relatives testified privilege from basic theory.Witnesses testified privilege for Relative Attestation for Free right between the concept name defined. Secondly, in our country for establishing whether a witness between relatives privilege System doctrinal disputes, the theoretical basis, the value of the system are discussed.The second part, were summarized among relatives civil law and common law countries and China Hong Kong, Macao and Taiwan regions the right to testify dispensation main content, legislative intent, carding Hong Kong, Macao, Taiwan and the relevant legislation of our country. By law the summarization to find extraterritorial legislation to establish inter-country relatives testified privilege system worth learning place.The third part describes the factors established between our relatives testified privilege. There are two factors, one is the constraining factors, including the level of ideas and legislative level; the other is the necessity of factors, including historical factors, awareness of human rights, the judiciary and the rule of law to improve the international legal trends influence, demonstrated both in civil law State Departmentor in the common law countries, to build inter-Free relative Attestation right rule is an inevitable trend and the general direction of the reform of criminal proceedings.The fourth part is established between the testimony of relatives privilege System. Through inter-Free Relative Attestation rights legislation established, gradual expansion of the scope of the subject for stage progressive expansion of Exemption subject of gradual expansion of the scope to build. Meanwhile, among the relatives testify Exemption Right substantive rules and procedural rules of the content discussed.The fifth part is the establishment of inter-Free Relative Attestation right support mechanisms to build. Mainly in two ways, on the one hand to set up a system to encourage relatives of witnesses to testify voluntarily, on the other hand to set up a system to ensure the effective implementation of other witnesses to testify obligations.
Keywords/Search Tags:relatives, testified privilege, voluntary testimony, witnesses, witness compensation, witnesses guarantor
PDF Full Text Request
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