Research On The Right Of Refuse To Witness Of Criminal Procedure

The right of refuse to witness of criminal procedure is the right of witness in legal situations. The right of refuse to witness of criminal procedure is not contrary with testify obligation of witness. It was endued to witness in particular case for stabilizing marriage and domestic, following out vocation institutions, respecting religious gospel, shielding privacy of individual and protecting national interest. It is consequence of selecting from investigating case truth and shielding rest social relations. Because of different kinds of cause , given our current legislations do not provide the right of refuse to witness of criminal procedure, if instead providing everyone who knows case instances has obligation of verification. Because our nation does not have the right of refuse to witness of criminal procedure, our witnesses often are confronted with awkward circumstances of either perfidy or illegality. Along with internationalization, humanization and civilization of Chinese legal system, people increasingly hope establish the right of refuse to witness of criminal procedure in given our current legislation .This is a sort of certain selection. The article assimilates Chinese traditional culture , borrows ideas from other national legislative experience, incorporates actual situation of our country, primarily discusses necessity to introducing the right of refuse to witness of criminal procedure in given our current legislation provides and providing what kind of the right of refuse to witness of criminal procedure institution.The article has four parts.The first part is the meaning of the right of refuse to witness of criminal procedure.The right of refuse to witness of criminal procedure is the right of witness in legal situations. Meaning of the right of refuse to witness of criminal procedure could analyses from hereinafter three aspects: First of all, main body of the right of refuse to witness of criminal procedure is witness. Second, the right of refuse to witness of criminal procedure is a sort of right and could exercise or abandon. In conclusion, available situation of the right of refuse to witness of criminal procedure is definitely stated by law. The right of refuse to witness of criminal procedure is not contrary with testify obligation of witness. Their relations are particularity and general and are the unification of complexity and regularity. The second part is instance of legislation of the right of refuse to witness of criminal procedure.This part introduces legislation at all times and in all over the world about the right of refuse to witness of criminal procedure. It is divided into three aspects. The first aspect is the right of refuse to witness of criminal procedure of Chinese history .The right of refuse to witness of criminal procedure system is existent in Chinese ancient and primarily is concealed system of family, namely, provides that the punishment of the misprising and rejecting testify of family was exempt or mitigated. The second part is west archaic right of refuse to witness of criminal procedure. West archaic right of refuse to witness of criminal procedure could trace back to ancient Greece, ancient Roman. In these phase, the right of refuse to witness of criminal procedure primarily consists in family, too. The next part is the right of refuse to witness of criminal procedure of the current legislation of major country in the world .Owing to diversity of cultural tradition and observance, applied situation, holders of rights, executive mode and legal consequence of the right of refuse to witness of criminal procedure is large different. But today in the world a majority of state has similar provisions about the right of refuse to witness of criminal procedure resemble and more extensive applied region than the right of refuse to witness of criminal procedure of archaic history. This part mostly introduces the right of refuse to witness of criminal procedure of America, Germany and Japan, and particularly, entirely introduces the right of refuse to witness of criminal procedure of American.The third part is available value of the right of refuse to witness of criminal procedure. First of all, the right of refuse to witness of criminal procedure respects humanity. Law should not domineer over human nature, whereas it should be preserver of wholeness fine emotions and relation. In criminal proceeding proof system, the intention of the provision about the right of refuse to witness of criminal procedure is to avoid to put witness at embarrassment between performing testify obligation and protecting some kind of importance social relations. Second, the right of refuse to witness of criminal procedure shields social relations. At humanity society, system structure of holding society together is multiple, it includes economy, politics, culture, law, morality, religion, ethic, and more. Execution of one regional institution can not destroy social relations in other areas. While somebody acts as witness for judicial benefit, so long as result might result in the havoc of other kind of social relations, then law should set up some special system and endue this type of people the prerogative of rejecting testify, thereby law can shield certain social relations. In conclusion, the right of refuse to witness of criminal procedure breaks through the dilemma of judicial. Once witness has some kind of interest with case or witness' occupation possesses private request, then even if these person supply verbal evidence by force of legal mandatory provision, reliability of verbal evidence also is dubitable. Sometimes it can mislead law officers. Our national criminal procedure law requests the proof of verdict must be credible, sufficient. so law must exclude reasonable doubt . Wherefore, setup the right of refuse to witness of criminal procedure which can help push judicial working pendulum off the dilemma is better than compelling witness to supply proof of unattainable proven requirement.The fourth part is the establishment of the right of refuse to witness of criminal procedure in china.In this part, first of all, the article discusses the importance of establishing the right of refuse to witness of criminal procedure in Chinese criminal proceedings. Our national current penal legislation does not have the right of refuse to witness of criminal procedure, reversely, it abundantly emphasizes the testify obligation of witness. witness' legal right is not shielded. so establishing the right of refuse to witness of criminal procedure is full imperative. The establishment of the right of refuse to witness of criminal procedure is the certain claim of respecting national traditional culture, perfecting penal witness system and uniforming with international legislation. Whereafter, the article compares with the meaning of witness in other states and defines witness ' meaning AND scope relying on our national current penal legislation framework. At the same time, the article discusses several disputed problems ,including whether policemen, co-accused, appraiser are witness of our national criminal proceedings. In conclusion, the article borrows ideas from allied nations advanced legislation experience, incorporates our national up-to-date actual the situation of a country and particularly expounds the right of refuse to witness of criminal procedure which is badly needed and basically consentient. This part divides the right of refuse to witness of criminal procedure of our national criminal proceedings into four genera, including the right of refuse to witness of criminal procedure of family, the right of refuse to witness of criminal procedure of profession, the right of refuse to witness of criminal procedure of official business, the right of refuse to witness of criminal procedure of opposing self-incrimination. The article detailedly lucubrates meaning, legislation actuality, establishment meaning, holders of right, exercise mode, applied situation as well as exception of the right of refuse to witness of criminal procedure.