Witnesses To Testify In Criminal Proceedings Of Special Exemption Rights System

One of the most important functions of law is to settle disputes. But, if situationslike this occurs during the functions was carrying out-while one dispute wassettled, some other social relations were made in worse disorder-thus, we willhave to think how to improve the law itself. The privilege of witness rule in criminal procedure embodies the improvement. Now, the aim of the criminal procedure is not just to founding the truth, it also takes some social values into account. This is the base of the privilege of witness rule. The values that the privilege of witness rule regarding are some important interests as steadiness of family, prosecution of lawyer system, the social influence of religion, the protection of individual privacy and the safeguard of national interest, it is the result of law give way to social values. Under this privilege rule, the witness can refuse to give evidence on things which may bring himself in guilt, the lawyer can refuse to afford the communications which take place between the client and him, the doctor can refuse to afford the situations about his patient in receiving treatment, the wife or husband can refuse to testify the fact which may involve the spouse in guilt, and the government officials can also refuse to afford the confidential papers and documents about national affairs. The rule was written definitely in the law system abroad. In common law, the model is American and England, and in statutory law, the typical is France and German. By researching the privilege rule from the two types of law, we found that it contains several fields: the privilege against self-incrimination, the privilege of relatives, the professional privilege, and the public interest privilege. The existing of this rule has decreased the probability of false witness sharply. On the other hand, it can avoid the defendant and witness involving in the situation of self-incrimination. On this point, it is beneficial on approaching the justice of the criminal procedure. This is the jurisprudence foundation of the privilege rule. As far as China is concerned, we have similar doing of relative privilege in our ancient laws, it is the foundation of the rule in Chinese...