Research On The Right Of Rejective Testify Of Family Members System In Criminal Action

China's current criminal legislation clauses specifies that witness should truthfully testify in the course of inquiry because verbal evidence plays an important role in the detection of cases,therefore such legislative provisions is no ground for blame.But when there is a kinship between the witness and the suspect or the defendant,the legal obligation to testify will make the witness in a dilemma.If the relative witness against his heart to testify,the heart would be of great suffering,if the relative witness following his heart refuse to testify,he would be violate the relevant laws and regulations,because the laws and regulations of our country stipulate the relative witness have the obligation to testify truthfully.Faced with this situation,many countries have rule the right refuse to testify for relative witness,to alleviate the dilemma of family witnesses.Our country should set up the specific right of refusal of relatives in legislation on the basis of inheriting the history and culture.In the history of our country,there is a right of relatives to refuse to testify,which can be said to be gradually changed from the kin concealment.Concealment system has been recognized by the rulers,and gradually rose to the level of legislation,and ultimately into the privilege of relatives,which can explain the necessity of construction of privilege of relatives in a certain extent.However,after the founding of new China,China's legislation has not stipulated the right of relatives to refuse to testify.Until 2012 China's criminal procedure legislation has reflected the legislative spirit of the right to refuse to testify for relatives.However,China has not yet established a real right of refusal to testify.Because the relatives refuse to testify not only include the right of relatives to refuse to appear in court,the basic content should be reflected in the relative witness' right refusing to testify.Therefore,this paper discusses the right of refusing to testify in criminal procedure by means of historical research and literature analysis.In this paper mainly through the four parts discusses the privilege of refusal for relatives in our criminal procedure.The first chapter discusses the development process of the right of refusing to testify in our country.This part discusses the origin,development and current situation of the right of refusal of relatives in our country by using the method of historical research and historical development.Its content mainly includes the historical evolution of the system of our country's concealment and the process of the transition from the system to the relatives and the legislative situation in our country.The second chapter combs the legislative provisions of the relatives of the two legal system countries,including the United Kingdom,the United States and Germany,Japan'slegislative status,and has a comparative study on this basis.The third chapter analyzes the existing problems and reasons of the current legislation in our country.The list mode is used for the existing problems,including the conflict of legal application of the subject,the narrow scope of application,and which is not clearly defined,the application stage of privilege of relatives is not complete,lack of appropriate protection and relief measures for the privilege and so on.The reason for the analysis of this part mainly stated from the following aspects,including excessive criticism and boycott Chinese traditional legal system and the literature,copy the Soviet Union theory and system,also analyzes the reasons of China's legal thought aspect.The fourth chapter is mainly about the construction of the relative right of refusing to testify.It mainly consists of two parts,the necessity of construction of the right of refusal of relatives and the ideas of construction right of refusing to testify.This part mainly discusses the necessity of establishing the right of refusing to testify in our country from the aspects of promoting social harmony,establishing the authority of law and improving the efficiency of litigation.At the same time,from the construction of the basic types of relatives,the right to refuse to testify,the subject of rights,protection and relief measures,as well as exceptions to discuss the specific provisions of the right of refusal of relatives in China.