Testify Privilege Of Criminal Witness

Testify privilege of criminal witness in particular from right is under the circumstances, special citizens has refused to testify for the rights of others. It is the obligation of the witness testify from witness and not to the deprivation of qualification. As to the criminal procedure law amendment of two through for criminal witness and not given to the certain rights instead increase the obligation. The provisions of article188new increase,:Upon receiving a notice from the court, The witness don’t testifiy without a good reason, the people’s court may compel the to appear in court except for the defendant’s spouses, parents and children. The amendment of " Criminal Action Law" has the special relationship of the witnesses if required to appear in court to testify the force of the impact except the relation of kinship. Although the current law on the criminal witness, excused haven’t legislation, but for criminal witness, the right of free research has been a criminal procedural law key areas of researching. Our country ancient period of feudalism have close close phase hidden principle. Abroad have a professional secret enjoy the right to refuse to testify. These are our country to build criminal witness, the right of free foundation and basis. So for the criminal witness, the right of free research help perfect our country’s criminal case entity value and litigation fair procedures value.according to the concept of testify privilege of criminal witness, through comparative analysis and historical analysis of the concept of characteristics,the evolution of the scope and the necessity to clarify,contact to this system of investigation and research, summarize the similarities and differences of the two legal systems of at home and abroad, and integration of the characteristics of the two legal dispensation of testify privilege of criminal witness,the use of empirical analysis to summarize the legislative status and judicial status of testify privilege of criminal witness, from criminal witnesses from the concept of right. Explain the development of To present criminal witnesses, the right of free legislation present situation and judicial situation analysis. Safeguard of procedure and maintain social order the three aspects of the argument. And then in the present situation about the judicial career relationship, family relationship, and the witness itself and national official business secret, the paper summarizes the special relationship.Testify privilege of criminal witness excused legislation in our country and the importance of judicial status, linking to the actual situation of the current our country to construct a suitable for China’s national conditions of criminal witnesse from the power system, the train of thought. Cleared standard in testify privilege of criminal witness, the right of free applicable range and application conditions for the exceptions to illustrate. Hope that through to this exposition for our country’s criminal witness to the system construction to provide certain reference function.