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Near Relatives' Refusal To Testify

Posted on:2018-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y F DingFull Text:PDF
GTID:2356330518992572Subject:Law
Abstract/Summary:PDF Full Text Request
The discussion about the relative witnesses to resist the card right is not a new topic, and it has a long history in ancient china.In ancient China, the legal system was deeply influenced by Confucian culture, and Confucian values such as "benevolence","propriety" and "filial piety" advocated by Confucian culture have already been penetrated into the legal culture. One of the legal system with the characteristic of Confucian culture is the establishment of "the relatives concealment system", which is consistent with other countries in the world. About the establishment of the relative to resist the card right, it seems to have been involved in and developed constantly in modern western countries under the rule of law, while it has not been established in china. It has become a trend to improve the relative to resist the card right, and the absence is deliberately in our country.In the new criminal procedure right, the advent of article 188 become the focus about the relative to resist the card right again, and some people thought article 188 is the beginning of establishment of the relatives to resist the card right. However, we will find that the so-called "close relatives witnesses to appear in court exemption" in article 188 is not a western, even it makes people doubt the legitimacy of near relatives witness's testimony because of the emergence of the article 188. The close relatives to resist the card right is different from the relatives concealment system, also different from the close relatives witnesses to appear in court. The relatives to resist the card right is a privilege of refuse to testify, and it related the witness of close relatives can be applied from a respect for its special status,so this right shall be protected by law.To respect and safeguard human rights is advocated in the new criminal procedure law, and it has a unique meaning to recommit close relatives to resist the card right. Especially it is more important in the maintenance of family harmony and social stability, and it makes the criminal procedure more fair and the judicature more efficient, and it eases the difficulty of the witnesses to appear in court to a certain extent.Nowadays in the high-speed development of the law modernization, a good rule must be in conformity with public opinion and the rule of law in contemporary society.The paper fully demonstrates the different from close relatives to resist the card right to the witness to appear in court exemptions, and the meaning of the former is more profound, after discussing the connotation of close relatives to resist the card right, the paper introduces the two big law legislation, and analyses of the differences and similarities through the contrast.With the current Chinese law modernization,especially under the background of the major reform about criminal procedure, the system of relatives to resist the card has growed with the soil.In combination with the Chinese legal culture and related institutional background about the relatives concealment system, this paper presents the establishment conforms to China's proposal of close relatives to resist the card right, and puts forward the ideas from all aspects such as subject, object, procedural matters and exceptions, in order to promote and improve the building of close relatives to resist the card right.
Keywords/Search Tags:the relative witnesses, immunity of relatives witness, the criminal procedure law, concealment
PDF Full Text Request
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