“亲亲相隐”与证人拒绝作证制度

由于证人与被证明人之间的某种特定关系,如夫妻关系、律师与当事人的关系、医生与病人的关系等’等,使其作证不仅损害天伦或职业道德,而且其证言可靠性也大打折扣。对此,中国古代便形成了一套完整的以“亲亲相隐”为核心的亲属之间的举证制度。欧美一些国家在证据制度中也确立了证人拒绝作证制度。证人拒绝作证制度作为一项重要的证据法律制度,对于有效地保护公民人权,捍卫传统的伦理道德无疑有着积极的意义和不可低估的作用。

Mutual Concealment of Offences Among the Kin' and System of Witness Refusing to Testify

Since the special relationship between witness and litigant, as the relations between husband and wife, lawyer and client, doctor and patient, the testifying behavior of witness impairs the natural bonds and ethical relationships between members of a family and professional ethics, and the testimony is less reliable. A set of complete system of evidence producing between relatives was formed in ancient China. This system took "mutual concealment offences among the kin" as nucleus. Some European countries establish the system of witness refusing to testify as part of evidence system. The system of witness refusing to testify, as an important judicial evidence institution, plays an active and important role in protecting effectively the citizens' personal rights and traditional ethics.