A Study On The Right Of Refutation In The "Thin Case"

Having being accused of act of accepting bribes,corruption and abuse ofauthority.The case of Mr Bo has huge legal and practical significance.Its all proceedingshas followed the procedure of new Criminal Procedure Law.especially in the keywitness to testify and close relative witness refused going at the court,and so on.The188thof new Criminal Procedure Law avoid the obligations of the appearance in thecourt of defendant’s close relatives.In some degree,this modification has progressivesignificance,it can avoid this relatives’s embarrass situations in the court.In the last,ithelps to maintain the family harmonious and ethic affection.The article is divided intofive chapters altogether. Citing the case of Mr Bo,we give the concept of the closerelatives refused to testify firstly. we talk about who have rights to refuse testify,theseclose relatives were:husband and wife,children’s father and mother,children.It isreasonable of establishing this system.then,give the introduction that we have also had“Relative Concealment”in the criminal law and procedure law.It is from theperspectives of history of ancient Chinese feudal legislation.But wo have no “RelativeConcealment” in our present criminal procedure law.we have got the close relativessystem who have rights to refuse testify,with comparing the civil law and commonlaw.When we have lied a firmly theoretical foundation,then,we have summarized ourcountry and foreign country’s reasonable e某perience.At last,we put forward someadvices,which were how to establish and perfect the close relatives refused testifysystem in our country.