Research On The Right Of Relatives To Refuse To Testify In China

The witness if legal relationship with the criminal suspect or defendant,can enjoy in the process of litigation the right to refuse to public security judicial organs to witness testimony,as an important legal principle in the legal system in ancient China,surviving for thousands of years,and gradually become after development of ancient Chinese legal history an important litigation principle and the system.During the development of feudal society for more than two thousand years,the existence of this system played an important role in strengthening the rule of the feudal dynasty and maintaining the harmony and stability of the society.Today,for a variety of reasons,relatives have refused to testify for a long time in our country’s judicial system in the absence of vacuum and absence.The author thinks that this principle in the process of the modernization of the rule of law in our country also has an important significance and value of our country in the fight against crime and also to pay attention to the family the interpersonal contact plays an important part in modern society,the reconstruction of the right to refuse to testify relatives has become increasingly important.This article starts with the concept of the relative’s refusal to testify.Right to refuse to testify relatives should be refers to in the process of litigation,the witness if legal relationship with the criminal suspect or defendant,enjoyed by refused to witness and testimony to the public security and judicial organs from the rights of criminal punishment.After clarifying the concept of relative to resist the card power,then we need to clear the relative rights attribute of the right to refuse to testify,the right to refuse to testify relatives compared with the ancient principle of close close phase hidden,greatly different in the aspect of obligation and right attribute,displays in:emphasis on relatives witness of relatives to resist the card power can choose to give up and the exercise of the rights,and kiss that implicit because of its origin and development of economic,political,and cultural background,its obligations on the property more clearly.In contrast to the development of domestic relative denial,we need to look abroad for advanced experience.We find that relatives’ refusal to testify is not an exclusive system of our country,and it is also prevalent all over the world.The relative refusal of foreign relatives and the right of relatives of our country have similarities and differences.Of of and about the relative to resist the card power or not,has always been a controversial topic,many supporters and,of course,no voice has no interrupted,negative view Settings can affect national crime of relatives to resist the card power efficiency.But in my opinion,the right to refuse to testify relatives of the positive value is greater than its negative value and its positive value including its fit and austerity of expectation of possibility of criminal law,conform to the needs of the application value case,maintaining ethical affection,and social stability,etc.The negative value of the relatives’ refusal to testify also has its negative value,which includes the fact that it impedes the real realization of the case entity,and it is easy to breed relatives to cover up crimes.After comparing the foreign countries,we need to analyze the legislation and judicial status of our relatives’ refusal to testify.The author firstly makes a legal interpretation of article 188 of the criminal procedure law of our country,and thinks about some cases that appear in judicial practice since 2012.It is found that there are many difficulties in the right to refuse to testify in our country,including the limitation of the legislation of the family of relatives,but the absence of the right to the right of the court.Relative rights to refuse to testify in our country is in the dilemma,there are many reasons,mainly lies in the legal system of national selfish departmentalism,our country judicial organ has long heavy entity light procedure idea,etc.Based on the above argumentation and analysis,we believe that it is necessary to reform and improve the right of the relatives of contemporary China to refuse to testify,so as to meet the needs of social development.First of all,we should be to improve the body of the relative refuses to testify,the author thinks that the main body of relatives refused to testify in China shall include the following two kinds:namely,on the basis of the relationship of the right to refuse to testify and other close relatives the right to refuse to testify.In addition we should operation mode of the right to refuse to testify relatives specification,its operation mode includes relative exercise of the right to refuse to testify,also includes the right to give up,to match the relative rights attribute of the right to refuse to testify.To punish crimes and protect human rights,of course,the balance of litigation purpose,we should also be carried out on the right to refuse to testify relatives of exception,these exceptions include serious damage to the country and the social crime,crime and joint crime behavior between relatives,due to its serious harmfulness or particularity,the crime.Of relatives witness should not enjoy the relative to resist the card power。...