Research On Improvement Of The Privilege Of Relative's Exemption In Criminal Proceedings In China

When the relative of the accused is a witness,is it necessary to fulfill the obligation to testify?On the current legal provisions of China,as long as they understand the true situation of the case,such witnesses have an obligation to testify truthfully.But from a family perspective,asking relatives to testify is undoubtedly a psychological torture and suffering for them.Most developed countries Passing legislation to stipulate the privilege of relative's exemption to adjust the testimony between relatives.China's Criminal Procedure Law 193 seems to stipulate the privilege of relative's exemption,if carefully scrutinized,only the defendant's spouse,parents,and children can be prevented from appearing in court,and they are not exempt from their testimony.Therefore,the privilege of relative's exemption is not really established in China.The privilege of relative's exemption is conducive to maintaining family harmony and stability,reflecting the recognition of morality and emotion in law,and conducing to the realization of the unity of judicial justice and family ethics.China has always attached importance to family ethics,and there are also traditional cultural roots that are intimately hidden,therefore,it is necessary to improve the system of the privilege of relative's exemption in China.Analyzing the concept of witness,witness testimony,witness exemption and the concept of relatives exemption.Clarifying the basic theory and essential elements of the relatives' exemption from privilege.Textual research on the historical evolution of the privilege of relatives exemption in China and the present situation,and analyze its value objectives.Defining the privilege of relatives exemption from privilege in China,and analyzing the necessity and feasibility of improving it in China.According to historical research and comparative analysis,absorbing the fine tradition of the ancient Chinese relatives,and drawing on the excellent experience of foreign relatives exemption from the privilege system,on the basis of respecting the value target of the relative's exemption from privilege,in order to put forward the idea of improving the exemption privilege of relatives in China.Explaining from four aspects:subject range,exemption scope,rights realization procedures and relief.The exemption scope revolve around two aspects based on unfavorable testimony and spouse identity.At the same time,the scope of application of the right is reasonably limited.Defining a relative witness is the subject of the right and defining the scope of relatives reasonably.Applicable procedure for specifying the exemption privileges of relatives.Regulating its realization procedures and the relief procedure.