On The Immunity Of Relatives’ Testimony In The Criminal Proceedings

Relatives’testimony immunity is also called relative’s right of refusing to testify,which has a broad human rights attribute and luxuriant vitality,because of its unique value meaning in ancient China and all countries of the world today.The first paragraph of Article 188 of the Criminal Procedure Law,which was amended in 2012 in China,established the exception of the defendant’s spouse,parents and children who can be forced to appear as witness in the court.The establishment of the appearance exemption mode in the new "Criminal Procedure Law" has a positive significance,which marks the return of universal value of family ethics,which based on the value choice of the right standard,which is a"discounted right" that formed after a game between the long-term common saying and the official current law thinking and departmental interests.The mode of privilege of the relatives that grants immunity in court has insurmountable defects in the process of application,which highlights three paradoxes of means and purposes,kinship rights and defendant’s rights,form and substance,which has more problems on the operation,such as the application of law is imperfect,the scope of applicable subjects are too narrow,the exceptions are not clear,the guarantees and relief measures are lack.The reason why relatives’testimony immunity has not realized and established comprehensively,because of the considerations on economic factors and the game between the power departments,meanwhile,it’s retarded by the long-term ideas of nationalism and traditional resultism way of thinking,the discounted exemptions from the court becomes a stumbling block to maintain the value of family.In this case,we should construct and consummate a system of testimony immunity for relatives,make clear the range between applicable subject and case,establish a procedural path to realize the channel for rights relief and build a close relative of our country gradually.The system of testimony immunity creates efforts to further respect and protect human rights and build a harmonious society.