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Study On The Right Of Immunity Of Relatives Witness In Criminal Litigation

Posted on:2019-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:C H WangFull Text:PDF
GTID:2416330566965603Subject:legal
Abstract/Summary:PDF Full Text Request
As a privilege corresponding to the system of forcing the witness to appear in court to testify,the right of relatives to refuse to testify is that the witness has the right to refuse to provide testimony to the judiciary,which is based on the special identity relationship with the suspects or the defendants.Today,in most countries or regions,the related system is set up to balance the relationship between the two aspects of punishing crime and protecting universal value in the criminal procedure law or the legislation of evidence,and it is generally acknowledged that the right of relatives to refuse to testify in a specific range is justified.In the history of China's legal system,the system of "relative parents concealed" has been recognized by the rulers of all dynasties,and eventually evolved into the system of relatives' right to refuse to testify in the legal framework.In the revised criminal procedure legislation of China in 2012,the provisions of the legislative spirit of the content of the right content have been added,that is,the right of the spouse,parents and children of the defendant to refuse to testify in court.It can be seen that China has not yet established the right to refuse to testify in real sense.The core content of this right is that the relative witness has the right to refuse to testify,but the criminal law in China gives a relative witness a refusal to appear in court.It is not a complete embodiment of the content of the right.Based on this,this paper conducts in-depth research on the right of relatives' refusal to testify in criminal proceedings through historical analysis and comparative analysis.From the foreign point of view,due to the influence of two factors,the legal cultural tradition and the development of judicial practice,the regulations of the two legal systems on the system of relatives' right to refuse to testify are adhering to their own characteristics.As far as China is concerned,establishing and perfecting the system of the right of refusing to testify at the present stage is the inevitable requirement of perfecting the legal system of socialism with Chinese characteristics,and it is also a concentrated expression of ruling the country by law.Lacking of a complete right of relatives refusing to testify will impede the proof of evidence in a case and destroy the balance of the legal value,which is even more harmful to the construction of a harmonious society.Therefore,it is necessary to establish a real right of relatives' refusal to testify in China so as to further promote the judicial reform.The author believes that when we build a system of the right to refuse to testify which conforms to China's national conditions and has Chinese characteristics.It should start from four aspects.First,it is necessary to make clear the types of relatives' right to refuse to testify.Second,the subject scope of the right of refusing to testify of the relatives should be standardized.Third,it should be refined the procedures of relatives' right to refuse to testify.Fourth,it needs to stipulate exceptions to the right of relatives' refusal to testify.In this way,the close relatives of the criminal suspects and the defendants can not only exercise the specific legal norms,but also have strict procedures to protect them when they exercise of the privilege of refusing to testify.Thus,it will be improved that the judicial efficiency in criminal proceedings and achieve fairness and justice maximally.
Keywords/Search Tags:criminal proceedings, the right of immunity of relatives witness, tolerating and concealing between kinfolks, the testimony of witnesses
PDF Full Text Request
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