亲属免证权制度在刑事诉讼中的确立

亲属免证权含有丰富的法律价值,它不仅有悠久的历史渊源,还具有深刻的社会现实基础,但在我国现行的刑事诉讼制度中却是空白。应借鉴我国传统的“亲亲相隐”制度和西方国家亲属间拒证特别制度,在我国将来修改的刑事诉讼制度中确立亲属免证权制度,以期发展、完善我国证据制度。

Establishing the System of the Right of Rejecting Relatives Testifying in Criminal Litigation

The right of rejecting relatives testifying,which is of great legal value,not only has a long historical origin but also profound realistic foundation.But it has not been established in our country's present system of criminal litigation.We should learn from our country's traditional system of 'mutual concealment of offenses among the kin' and western special system of rejecting relatives testifying for their relatives to establish the rejecting-relatives-testify-right system in our country's revised criminal system for the sake of perfecting our country's system of evidence.