Reform Of The System Of Testified Immunity Between Relatives In China

Relatives testified immunity,also known as "Folk Repelling Certificate Right" or "relatives testified Exemption Right" is an integral part of witness immunity of a person qualified witness because of legal family ties with the accused or suspect the obligation to testify enjoyed immunity rights.Relatives testimony immunity system is a special relationship based on evidence system status.China's "first kiss was with hide" principle is the prototype of "Shelter" system by the beginning of the Spring and Autumn to the new Late Qing Dynasty,the Chinese legal culture for thousands of years already exist,look at China Millennium legal history,"kiss too the first phase hide " in ancient China and criminal justice are inseparable,not only the basic principles of the criminal system in ancient China,it is important to ethics has become a way of thinking for the people to abide by.With the founding of New China,"with the first kiss was hiding" as "feudal poison" into the completely "eliminate" team.China's "Criminal Law" and "Code of Criminal Procedure," began to deny asylum contents between forgiveness relatives and relatives suspect testimony immunities fundamentally.In recent years,through the tireless efforts of scholars,experts and civil society,and finally to "kiss the first phase was hiding" principle in the law of return earned a seat seat one hundred eighty-eight newly revised Criminal Procedure Law indicates that the principle of regression in the field of criminal justice,even though there are many defects and shortcomings,but since the beginning of human relations and family law advocates the maintenance of the protection of family relations,is already a good start.But relatives of the provision is not a complete sense of the testimony immunity system still has many loopholes and defects.In this paper,the concept of four parts relatives witness immunity system,contrast,issues,solutions were discussed:The first part outlines relatives testified immunity system.Relatives testified briefly immunity system of the meaning of the concepts were analyzed and compared and described this system in our country since ancient origin and development.The second part examines the Western countries since ancient times for relatives witness immunity system requirements,analyzing the implications of the Western countries for relatives witness immunity system of the system structure.The third part introduces the status quo of relatives witness immunity system and problems,and analyzes the main causes of these problems.The fourth part outlines our relatives testimony immunity system reform and improve the value lies,and for defects and problems raised by relatives to testify before improving immunity system and made specific recommendations.