Legislation Research Of The Avoidance Of Relative Of Being Witness System

The Avoidance of relative of being witness system had been an important part of the Chinese legal system all the time. After the founding of the new China, under the special political situation at that time, the Avoidance of relative of being witness system is regarded as "feudal residual dregs" and left the historical stage. However, the ideal of “base on the people” is most important today. The legislation and judicial must base on the respect for humanity and embody humanization and in accordance with both reason and jurisprudence. People began to pay attention to the Avoidance of relative of being witness system return.The concept of the Avoidance of relative of being witness system is the criminal law has an obligation to put up with the near relatives to hide the criminal and his criminal act. This system reflects the value of the “base on the people” and “settle the conflict of legal and reasonable” and “in line with the criminal law to set up the original intention” and “the theory of probability of expectation” and so on.One the one hand, the Avoidance of relative of being witness system is necessary for us. Is the necessary of the justice. Is the necessary of the assurance of human rights. Is the necessary of realizing the penalty goals. Is the necessary to reflect the humanity. On the other hand, the Avoidance of relative of being witness system also has the feasibility. They have numerous theoretical developments in our country criminal law field and the useful attempt of legislature and the judiciary. Meanwhile, they also have the foreign precedents to use.Establishment the Avoidance of relative of being witness system needs to clear and definite the concept. Meanwhile, stipulate the charge base on the system. Change the witness rules of the criminal’s near relatives. However they also needs some limit. Like the subject of crime and the classification of crimes.