On The Construction Of The System Of Criminal Litigation Privilege Of Relatives Witness

Investigated as a results to weigh criminal crime and other important social values, the system of Privilege of Relatives Witness has a long history of development all times. In ancient China, it is called Concealment System. After the founding of new China, based on the simple and one-sided understanding of Marxist concept of class, people think that things of feudal society should be to completely abandoned, Concealment System as reflected in Chinese feudal dynasties clan ethics to safeguard the stability of the feudal family thereby strengthening the rule of the feudal state's legal system was dubbed on the name of the feudal dross completely removed in the legislation. However, after a long period of study and academic contention, the spirit of concealment is not necessarily inconsistent with the modern rule of law. Many Western countries have retained the formulation of"Relative Concealment"in the criminal law and procedure law which concrete expression to Privilege of Relatives Witness. This article begins with the concept and characteristics of the system of Privilege of Relatives Witness, and by introducing Chinese and Western Concealment in the history of development, to further reveal the dilemma of the witness of Chinese currently face: actually choose"Dayimieqin"or"Relative concealment"; The article from the angles of hampering the improvement of the quality of evidence, violating the social ethics and not conducive to the protection of human rights to elaborate the disadvantage of shortage of criminal litigation privilege of relatives witness to demonstrate the values of construction of Privilege of Relatives Witness. In order to demonstrate the construct ion of rationality of criminal litigation Privilege of Relatives Witness, it respectively proves from the legal, human relations, social and judicial to established the system in our country is sensible. Of course, "The law alone is not enough." To establish Privilege of Relatives Witness ,it must be consistent with China's current situation, the rule of law in China's domestic resources, which involves the judge of the system whether feasible in China, which will further the maintenance of family harmony ,promote social harmony, stability and development lay the foundation for the rule of law.