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On The Construction Of The System Of Immunity For Relatives To Testify In China

Posted on:2015-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2356330461974688Subject:Environmental and resources protection law
Abstract/Summary:PDF Full Text Request
The privilege of relatives as witness is a witness qualified people with the criminal suspect or the defendant has a legal relationship and shall have the right to choose refused to testify. The privilege of relatives as witness is the value of significance of protecting the family relationship of harmony, maintaining social harmony, improving the system of witnesses to testify, respecting and protecting human right. It is feeling into law, law suit for feeling, the embodiment of method combined law with the family ethics.The newly revised "criminal procedural law" provisions that if the close relatives of the defendant do not want to appear in court, they can not be forced to appear in court to testify by people's court in the trial stage, which is not given the close relatives of the defendant shall have the right to from testifying and this is not in the true sense of the system of the privilege of relatives as witness. Therefore, China has not established the system of the privilege of relatives as witness in the current legal system, which produces some negative problems on the individuals and society. In this paper, through literature analysis, comparative analysis and other research methods to analyze and expound the content of the system of the privilege of relatives as witness, analyze the basic national conditions of china, study the content of the privilege of relatives as witness in abroad, in order to the construction of the system of the privilege of relatives as witness in china to make a beneficial exploration.The paper in addition to the preface and conclusion, is divided into four parts:The first part, I analyze present situation of the system of the privilege of relatives as witness. One is a brief introduction the concept and characteristics of the privilege of relatives as witness; Two is the lack of the system of the privilege of relatives as witness in our country; Three is the lack of the system of the privilege of relatives as witness in our country leads to adverse effects.The second part, I analyze the necessity and feasibility of the construction of the system of the privilege of relatives as witness in our country. One analyzes the necessity of the construction of the privilege of relatives as witness in our country from the various aspects; Two analyzes the feasibility of the construction of the privilege of relatives as witness in our country from the aspects of politics, economy, culture, legal system.The third part is the investigation to the system of the privilege of relatives as witness in abroad and the enlightenment for our country. This part is the summary of the system of the privilege of relatives as witness in the Anglo-American law system and continental law system country; and analyzes the enlightenment that foreign legislation has given for the construction of the system of the privilege of relatives as witness in our country.The fourth part is the suggestions of the construction of the system of the privilege of relatives as witness in our country. The paper,basing on the practical circumstances of our country, learning from China's traditional "concealment between relatives" legal essence, drawing lessons from foreign experience in legislation, has put forward specific practical advice for the construction of the system of the privilege of relatives as witness in our country. One defines the nature of the privilege of relatives as witness; Two restricts the scope of the subject of the privilege of relatives as witness; Three provisions the content of the privilege of relatives as witness; Four defines the exceptions of the privilege of relatives as witness; Five provisions the procedural matter of the privilege of relatives as witness.
Keywords/Search Tags:the system of the privilege of relative as witness, relatives witnesses, domestic peace
PDF Full Text Request
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