On The Introduction Of The Relatives' Right Of Refusal To Testify In My Country's Criminal Proceedings

The right of relatives to refuse to testify is an important branch of the exemption system of witness testimony,the inheritance and development of the system of relatives' concealment and the mechanism of witness protection.At the present stage in our country,the witness appearing in court is a legal obligation in criminal proceedings.The protection of the rights of witnesses remains inadequate.Although the newly amended Code of Criminal procedure exempts parents,spouses and children from giving evidence in court and makes some efforts to protect the rights of witnesses,it does not touch on the substance of the right of relatives to refuse evidence,With the introduction of this provision,the return of relatives' right to refuse to testify has once again become a hot topic of public discussion.In most modern countries with advanced rule of law,the right of relatives to refuse the certificate has been stipulated in the legislation.As an important legal system for the protection of civil rights,it has been widely used in judicial practice.It is undoubtedly a serious impact of law on morality to ask relatives witnesses to testify and advocate denials.How to establish an effective balance between law and morality in order to resolve this conflict? The key is to establish the right of relatives to refuse to testify in a real sense,which is of great significance and practical necessity to improve the quality of evidence,establish the authority of law,safeguard human rights and so on.