Research On The Legal Issues Of Relative Refusal

Our citizens have a statutory obligation to testify,but the defendant's spouse,parents,and children may not be compelled to appear in court to testify.From the perspective of the law,we can see that our country pays more attention to and protects human rights.The national law does not oblige the defendant's spouse,parents and children to testify in court,and to a certain extent,protects the privacy rights of the defendant and the defendant's relatives.However,relative witness and defendant has a statutory relative relationship,which will push them into a dilemma because of the conflict between reason and jurisprudence.When the witness is a relative of the defendant,the witness faced a dilemma at this time,whether “place righteousness above family loyalty” to perform the statutory testimony of the national citizen or maintenance the defendant or criminal suspect in family ethical relations and refused to testify? Solving this problem is the fundamental reason for the existence of the right of rejecting relatives testifying.This article first elaborates on the concept of the right of rejecting relatives testifying,and then analyzes the legitimate value of the existence of the right of rejecting relatives testifying from economics and psychology.Secondly,it introduces the historical evolution of ancient Chinese “kin concealment system” and analysis the reasons for the continued existence and development of the “kin concealment system” in ancient China in terms of economic foundation,traditional psychological and political influences.What's more,by enumerating the legislative provisions of the right of rejecting relatives testifying in representative countries abroad,as well as the legislative status of the right of rejecting relatives testifying in Hong Kong,Macao and Taiwan regions in China,this paper analyzes the causes of the difference in system and gets enlightenment from it.Finally,analyzing the causes of the lack of the right of rejecting relatives testifying in China and the negative impact caused by it,and strive to establish in China with the appropriate right of rejecting relatives testifying.