Research On The Right Of Rejection Of Relatives In Criminal Litigation

The right of a relative to refuse to testify,also known as the "privilege of refusing to prove the right of a relative," refers to the witness testimony involved in the Criminal Procedure Law,and the witness who has a special legal close relative relationship with the criminal suspect or the defendant.Under the premise of the law,the facts related to the case that they are aware of may be denied the right to testify or provide evidence.The right of relatives to refuse to prove is one of the important contents of the evidence system in Western countries.This privilege exists in Taiwan,Hong Kong and Macao.In ancient China,there were similar provisions of "Relatives conceal each other's crimes".However,according to the provisions of Article 188 of the current Criminal Procedure Law of the People's Republic of China(hereinafter referred to as the Criminal Procedure Law),the rights of the spouse,parents and children of the defendant are not compelled to testify.However,this is not a true right of relatives to refuse to prove their rights.There are many problems in both legislative and judicial practice,which need to be analyzed and discussed.The refusal of a relative is a legal right and is a right based on the kinship with the accused.It not only requires the refusal of the subject to have a kinship relationship with the respondent,but also requires the close relatives to have the ability to testify.The content of the refusal is legally plausible.It is necessary to clarify the scope of application,exceptions,applicable methods and procedural guarantees of the refusal of relatives.It is stipulated that close relatives are not allowed to refuse to testify in order to obtain illegitimate interests such as money and honor.The right of relatives to refuse to test is also a kind of right that hinders the criminal procedure.The close relatives' refusal to testify will bring difficulties for the state investigation and prosecution authorities to obtain evidence of the crime.Therefore,it is not conducive to the smooth progress of the criminal procedure,so that social justice and The contradiction between procedural justice is more prominent,and the contradictory relationship between the two should be properly coordinated to achieve greater social benefits.Faced with the conflict between family ethics and criminal facts in criminal proceedings,the right of relatives to refuse to prove is a more reasonable solution in the current legal environment.However,there are still many problems in the refusal of relatives in criminal proceedings in China.For example,the provisions of the close relatives who are not forced to testify in court are not specific,and the defendant's right to court debate,the validity of the witness testimony and the power of proof exist in the application.Etc.,all need to be improved in legislation.The setting of a right often means an increase in the obligations of the state specialized agencies.In this process,because of the existence of public power,the criminal procedure law not only adjusts the private interests between individuals,but also the state organs and The relationship between the prosecutor,the victim and other litigants,and how to make the right choice between pursuing legal justice and protecting moral affection is very worthwhile.Therefore,in order to better coordinate the relationship between the parties and accept it for the general public,so as to achieve a good social effect,it is necessary to elaborate on the right of refusal of relatives in criminal proceedings.