Research On The Privilege Of Refusing To Testify In Closely Relatives In Criminal Proceedings

At present,in our country’s legislation and judicial practice,there are design and practice promotion of the relevant system of criminal procedural privilege for refusal of relatives,which is inextricably linked with the current development of “rule of law China,” and the existing laws in China and the implied The socialist rule of law and jurisprudence come down in one continuous line.Analyzed from the legal level,relatives refer to social and legal relationships formed by blood,marriage,and adoption as links,and the right of relatives to reject witnesses refers to the right of citizens to refuse to testify in court.In the current context of the rule of law in China,it truly has the privilege of refusal to testify of a close relative of a criminal suit can only be a close relative of the criminal suspect.Based on the spirit of procedural legal principles in China,the execution of the system of refusal to testify for near relatives in criminal proceedings must be in accordance with legal norms,and when there is some relationship with the case.When close relatives decide not to testify in court,they must perform some necessary statutory procedures and be subject to the current statutory procedural rules of the Criminal Procedure Law.Therefore,this article focuses on the analysis of problems from the current legal point of view in our country and proposes solutions to the problems.It also puts forward a reconstructed path for the issue of the privilege of refusal to testify of close relatives in criminal lawsuits in China.This is the core proposition of this study.This article uses three related typical cases to find out the status quo of the current legislation on the issue of the privilege of refusal to testify for the close relatives of the criminal lawsuit in China.It can be seen that in the context of modern society development,the testimony of witnesses extended in the criminal family’s refusal to testify for close relatives,etc.The modern evidence system is an important part of the current world’s judicial justice and human rights theory.Although the current law grants the relative privilege of close relatives,this is ostensibly detrimental to the adequacy and comprehensiveness of judicial evidence,and it also affects judicial efficiency to a certain extent,but it is analyzed from the perspective of world civilization and judicial progress.The privilege of refusal to testify near relatives is to design the system from the perspective of greater judicial perspectiveand legal procedural justice,which is conducive to highlighting fairness and justice,safeguarding social stability,enhancing judicial benefits,and complying with judicial reforms.How to construct the system of family refusal rights,under the traditional judicial concept of “relationship between relatives and relatives”,the witness privilege system,which is an ancient legal statute with a modern legal atmosphere,is under the current balance of the rule of law and human rights.Shows an important complementary role in the process of good rule of law.Based on this,this article aims at the issues of the over-rejection of traditional culture,the neglect of personal interests,the misunderstanding of the principle of equality,the emphasis on procedures,and other issues in the implementation of the criminal procedural system.Scope of application of the regulations,attention to judicial exceptions;from the aspect of procedural rules,it is necessary to improve the procedures for the notification of rights,standardize the procedures for examination and approval of applications,and pay attention to judicial relief procedures.At the same time,it is necessary to provide in the criminal law the unfavorable legal consequences of the abuse of the privilege of infringement by close relatives.The rights content and procedural provisions of the family privilege refusal privilege system are closely designed and must be constantly improved to construct a legal path with the Chinese characteristics of the criminal family’s close kinship refusal privilege.