The Legislation Construction Of Witnesses To Resist The Card System In Criminal Litigation

In the modern countries under the rule, the system of criminal litigation witnesses to resist the card right is an important legal system that refers to who has the ability to understand and testimony because of complying with the legal situation ,but unloading testimony duty according to law, has not the right of testimony, and it is an important part of human rights and social stability concept. The system of criminal litigation witnesses to resist the card right is the request that the guarantee of the witness independent legal status, and is the barrier that the private rights of the witness against national public power, and is the performance that citizens have the right of self-determination about information in litigation procedure. This system is not only the comprehensive consideration based on the value of social interests balance, but also legislation consideration based on the balance of witnesses testified obligations and rights, also is the consideration in order to solve the situation that it is difficult for witnesses to appear in court and at the low rate.At present, evidence laws or litigation codes of most countries in the world establish the system criminal lawsuit witnesses to resist the card right, but our country's criminal procedure law only emphasizes the witness has obligations for unconditional refusing testimony ,and there are any rules for resisting the card right system. Facing the situation that the witness suffers influence about family relationship or professional relationship in judicial practice, who is not willing to accept the investigation of public security organs, and not willing to provide the evidence of criminal of criminal suspects or defendants, not to testify in court, and Witness testimony is changed for Written testimony ,and it is difficult to check evidence and so on. Some academics try to start from establishing the system of resisting the card power , working hard to solve the problem for impacting judicial reform process. The author thinks that we should give resist the card power to specific relation of the witnesses, regard as the exceptions for criminal law article forty-eight.This paper from the connotation definition, characteristics, and the difference between witness immunity aspects introduces the right of witness to resist the card, and then elaborates theory basis about the right to resist the card right system and reveals the virtue of the social basis and modern value concept about the system, and briefly reviews the history origin and legal inheritance significance of witness to resist the card right system. On the comparative analysis on two big law criminal litigation about witnesses to resist the card right system on the basis of law content that our country exists the necessity of establishing the system ,at last based on the original localization of the legal tradition and the current law, try to offer to establish a framework range of criminal litigation witnesses to resist the card right system, including the applicable scope of witness rejecting testimony right system, procedural safeguard, exceptions and so on, expecting to produce witnesses to resist the card power system that is suitable for China's socialist legal construction practice of criminal proceedings .