A Study On The System Of Relatives' Right To Refuse To Testify

According to Article 193 of the current criminal procedure law,the spouse,parents and children of the defendant may not be forced to appear in court.This provision is regarded as a great progress in the establishment of the system of the right of refusal of relatives.The right of relatives to refuse to testify is a literal analysis of the right of relatives to refuse to testify,which further strengthens the freedom of witnesses to testify,and is also of great significance for maintaining the stability and harmony of family relations.Since the beginning of spring and Autumn period to the end of Qing Dynasty and the beginning of the Republic of China,"concealing relatives" has been used for generations from the implementation of ideas,and has played an important role in maintaining the feudal rule.At the same time,in the civil law countries and the common law countries,they have also established the system of family witness privilege with local characteristics,which has played a positive role in social stability.After the founding of the people's Republic of China,in view of the social reality of high incidence of crime,China pursues absolute entity realism,strives for a stable social environment for economic recovery,abandons the stipulation that relatives refuse to testify,and becomes the value pursuit in the practice of criminal law in our country to seek truth and efficiency from facts,but at the same time,excessive pursuit of truth and efficiency will create a large number of unjust,false and wrong cases that should not have occurred ? In recent years,China has promoted the reform of judicial system,strengthened the flexibility of law,reflected the human value of law,and respected human rights in the process of judicial practice.In 2012,the amendment of Criminal Procedure Law added exception provisions in the aspect of forced witness to testify in court,which is regarded as the return of the thought of "concealing relatives" in the academic circle,which is an important step in the process of judicial system reform in China.However,in the process of practical legal practice,this provision did not play its expected role.For example,the subject of right is too few,the stage of application is too narrow,and as a right,the legislator has not formulated specific implementation procedures and rescue mechanism,which makes the provision too principled.Based on the analysis of relevant regulations at home and abroad,this paper finds out the defects of the current system,and puts forward suggestions for improvement from the aspects of system design and operation.On the one hand,for the ancient legal culture of China,we should learn the essence from it and find a way to adapt to the situation of modern China.Use the method of comparative analysis to study the relevant legal systems of other countries,find the gap in comparison and learn from experience.On the other hand,as a right,it should include complete operation process and relief measures to enhance maneuverability.