Civil Right To Refuse To Testify In The System Study

Witness evidence system is an important component part of chineselaw system.However,the civil law system is still not perfect.In orderto perfect the system of witnesses, it is important to learn from thesuccessful experience of other countries.In this paper,using a methodof comparison , revealed some provisions about the right to refuseto testify , the right to refuse to testify of the system entitiesand procedures,and put forward some point of view on how to establishand perfect the system of the witnesses.This paper is divided into 2 parts for a total of 10 chapters.First part including four chapters, focuses on the right to refuse totestify on the theoretical content. Second part including sixchapters, mainly expounded China's Construction of the right torefuse to testify on the contents of the system requirements.Chapter 1: Overview of the right to refuse to testify. The chapterdescribes the right to refuse to testify on the origins of theconcept, characteristics, the theory perspective and the right torefuse to testify on the status of the system in our country.Chapter 2: the right to refuse to testify on the value analysis. Thechapter describes the CPC and the right to refuse to testify on the human, ethical relationship value, historical origin, value, socialvalue, the legal concept of value, economic value, a reasonablevalue,the value of freedom of expression. At the same time discussedthe right to refuse to testify in the new cases were discovered, thetruth and justice proceedings values choice.Chapter 3: the right to refuse to testify in the Two Schools. Thechapter describes the right to refuse to testify in the Two Schoolsof Comparative Law Review and Analysis of Two Schools on the right torefuse to testify on the similarities and differences.Chapter 4: the introduction of the Civil Procedure Law of China theright to refuse to testify on the need and feasibility. The chapterfocuses on the introduction of the right to refuse to testify on theneed for and feasibility.Chapter 5: the content of the right to refuse to testify. The mainchapter of the four aspects: "shall not be compelled selfincrimination"and "shall not expose families", professional secrecyprivilege, official secrets privilege.Chapter 6: the right to refuse to testify on the main issues andtarget. The chapter discusses exercise of the right to refuse totestify on the subject and the object.Chapter 7: restrictions on the right to refuse to testify. Thechapter of the restrictions on the right to refuse to testify on thebasis of theory and restrictive elements.Chapter 8: regulate the rights and obligations of relevant personnel.The chapter of the right to exercise the right to refuse to testifyon the rights and obligations of norms, including how to advocate andadvocate for the court judgement standards.Chapter 9: the right to refuse to testify procedural safeguards. Thechapter of the right to exercise the right to refuse to testify on the procedural norms, including the right to refuse to testify onapplication procedures, remediation process, give up the right torefuse to testify.Chapter 10: Deal measures. The chapter describes the right to refuseto testify on the matching norms, including the exclusion of evidencerules, improper exercise of the right to refuse to testify on thelegal responsibility.