Refused To Permit The Right To Study

The evidence is the basis of judgment, and the process of applying evidence is also a process of looking back to the truth. Almost all the evidence law gets rid of the prejudiced-witness as possible, because it will affect find out the truth. So, in the law-governed countries', it rules that the witness has the obligation to give evidence, and on the other hand, if he objects to do that, he will be punished. But at the same time, the law also rules that the witness has the right of refusing to give evidence in legal condition. Then someone will ask: why we need to find out the truth at most but give the privilege to "affect" to find out the truth? Do we have the law of privilege in our country? How does it construct? With these questions, the writer analyses the concept and the feature of the privilege, looking back its origin and development, referring to the rules about privilege in the law-governed countries, enforcing it into our country, analyzing the necessity of privilege in our country, and then states the conception of the construction of privilege in our country.The whole passage is about 30,000 words, which contains four parts:The first part is a brief instruction about privilege. In this part, first of all, the writer gives the concept of privilege: in the criminal procedure, privilege is the right of witness, who has the right of refusing to give evidence and as a witness in the condition of the law. Then the writer analyses the feature of privilege, looking back its origin, from the beginning of old times of oriental and western's relative-protect tradition, the writer analyses the origin and development, on the base of analyzing the feature of it in different thesis, then the writer demonstrates that privilege is a right by itself, witness can share it or give it up. Last, the writer introduces the content of privilege briefly, including privilege against self-incrimination, relative privilege, profession privilege and public interest immunity, and so on.The second part mainly analyses the state, cause and the defect of privilege in our country. First, the writer analyzing the present rules in our country, and then point out that there is no real privilege in our country. The writer analyses the shortcoming cause from the view of history and society. Last, the cause mainly includes: first, seeking for "inquiry into the truth" too much; second, the effect of "country-first" thought; third, the prejudiced awareness of the privilege; fourth, the confinement of the development of the economy and society. Last, the writer analyses the possible effect result of shortcoming of privilege. It includes it may effect the harmony relative relationship, the witness competency in the court doubtfully, the profession's sincerity and development will be affected, even cause the public interest and nation's interest be damaged, it can also damage the witness' basic human-right of privilege against self-incrimination.In the third part, the writer states the necessity of constructing the privilege in our country. It includes six parts: first, it is necessary of constructing harmony society relationship. Without doubt, privilege is very important to improve the society relationship and to impulse the construction of the socialism-harmony society. Second, it is a need to make sure the reality of the witness. Because the witness may has the relation with the accused, which may affect the reality of the witness. But if force the witness who has link with the case to give evidence, it is not only bad for discovering the fact, but also affect the effect of procedure. Third, it is the need of balancing the conflict of different interest. The basic reason that privilege existence is to protect the more important values than to find out the truth, which is to look for a balance between different conflict value. Fourth, it is a need to realize the double-value aims of criminal procedure. The aim of the criminal procedure is to punish the crime and protect the basic human-right, both of them are united. The aim of Privilege which is protects the society relationship, and the human right, too. Fifth, it is a reality need to improve the witness's presence rate. Through refine the scope of witness who has privilege, it can make the witness who has no real reason for refusing to give evidence, so it can resolve the low presence rate of witness. Sixth, it is a need of impulse the reform of judgment method, and improving the procedure effect. Privilege can reduce procedure price, reduce even avoid the passive result of the witness give evidence, and realize law justice.In the fourth part, the writer states the construction of privilege in detail on the base of analyzing the rules of the law-governed countries about privilege. It is the point of this passage. Firstly, the writer states the sphere of privilege, including the relatives and like-relatives, guardian, lawyer, doctor, public worker, and so on. This is beneficial for witness to obey the privilege. Secondly, it states the use of privilege, including inform, application, permission, and so on, it offers a procedure security for the witness to use and share the privilege. Thirdly, it states the exception of privilege, including the country's security and society's interest; someone who use the privilege to plan a crime will lose his privilege; someone who does not permit to refuse to give witness if he has no relation with the accused; if the case referring to the secret or have link with the case or have been published is an exception; having link with the profession-secret and the accused agrees; the public worker's chief department permit, and so on. Lastly, the writer states the result of the witness who refuses to give evidence but no real reason, which includes fire, refine freedom, seeking for the criminal responsibility, and so on, in order to avoid witness refusing to give evidence for no real reason, on the base of the passive result of the law.At the end of the passage, the writer calls for the whole society should give privilege a clear rule at the time of the reform of the criminal procedure, so that we can realize the double value aims: both punishing crimes and security the human rights.