Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure

On the construction of the right of immunity of Relatives Witness System

Author YangPing
Tutor MaGuiXiang
School Fudan University
Course Legal
Keywords System of relatives’privilege Legislation comparison Systemestablishment
CLC D925.2
Type Master's thesis
Year 2012
Downloads 208
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In criminal litigation, Testimony of the witness plays an quite important role in ascertaining the truth of cases and promoting the criminal procedure. Therefore, law requires that all of the witnesses has a statutory obligation to testify. Witness are often easy to fall into the dilemma of family and legal obligations, which is related to the imbalance of witness’rights and obligations. Law give witness no rights, especially rights to refuse to testify, resulting that defendant’s close relatives do not want to appear in court or provide false testimony, which has negative effect to criminal procedure and causes distrust even hostility among family members. March14,2012, The Fifth meeting of the11th National People’s Congress examined and adopted the Criminal Procedure Law of the People’s Republic of China, Article188clearly stipulates:"After the notice of the People’s Court, a witness has no legitimate reason not to testify in court, the people’s court may force him or her to appear in court, but other than the defendant’s spouse, parents, children.", which established our relatives the right to refuse to permit system, reflecting the spirit of a people-centered, at the same time, the system of defendants relatives’ privilege needs to be further refined. By taking historical experience home and abroad for reference, this thesis explores ’The establishment of privilege of relatives" and brings practical suggestions for the establishment of Chinese privilege of relatives.This thesis divides into four chapters excluding introduction and conclusion.Chapter one:General introduction of privilege of relatives by defining the content and meaning.Chapter two:Analysis of the privilege of relatives system and privilege in common law and civil law. This part is aimed to provide suggestions by specifying the legislation and comparing the differences.Chapter three:The current situation of privilege of relatives in China. This part discusses the current legislation status of privilege of relatives and drawbacks.Chapter four:The perfection of privilege of relatives in China. With the reality of our national condition and learning from the experience of other countries and regions, we hope to establish the system of privilege of relatives in China.

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