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On the relatives refused to permit the right

Author: TianJuan
Tutor: BianJianLin
School: China University of Political Science
Course: Procedural Law
Keywords: Spouse privileges Concealment Relatives refused to permit Harmonious society
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 325
Quote: 3
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Abstract

As a result of the crime and other important social value to be weighed against the criminal proceedings be held, the modern Western countries generally recognize the right to refuse to permit relatives within a certain range. Witness privilege in common law and civil law have a long history of research in this area to explore quite some time, the various theoretical results have been as voluminous, the relevant legal system has been basically mature. Although similar to Western countries, the relatives refused to permit the right to kiss Relatives system legal system of ancient China, although the sociological basis of the system is to maintain the feudal patriarchal, but it also reflects the legal ethics affection among relatives and human care and care, the system has positive significance in the protection of specific social relations. After the founding of new China, due to the social and historical reasons, Kin Concealment System is gradually declining. The reform and opening to lift people's minds and imprisonment, and awareness of extreme importance to the heritage of outstanding cultural achievements for national development and progress. Depth and refinement of institutional research with the testimony of witnesses, the criminal law scholars, Kin Concealment System research gradual recovery, scholars generally positive about the value of the system, on the specific system design different ideas. At present, building a socialist harmonious society is the era of the requirements, the establishment of harmony and social stability and harmony of the relatives refused to permit right system for the maintenance of family relationships has a great positive significance, but also to study this system more attractive and challenges sex. In recent years, experts, academics, positive suggestions, relatives refused to permit the right to study has made some progress. Most scholars of the Criminal Procedure Law to establish the system of relatives refused to permit the right to hold a positive attitude, but there are still differences on some specific issues, there were still further to explore space. Paper to be adopted horizontal contrast, longitudinal analysis of a combination of methods and empirical research, commonalities and differences of the card power system from the Two relatives refused to proceed, and analysis of the system kernel and value, to explore the national legislation to choose from the law reasons, learning from them; a longitudinal analysis method, ancient Kin Concealment System research study rationality of the system of the establishment of the legal system and cultural foundation of the system and the mass psychological basis; Finally, take the empirical research methods to analyze the relevant provisions of the present witnesses to testify, to determine the establishment of a reasonable space of the relatives refused to permit system to ensure coordination between the feasibility of the system as well as with the existing system. This paper from the following aspects on the origin of the relatives refused to permit the right system, the development and the contemporary law of evidence improve, the significance of the development of the study: the first chapter of the relatives refused to permit the right to basic theory: to force the obligation to testify, refused to permit the right concepts and relationships as a starting point, discusses the establishment of the reasons to refuse to permit the right and relatives right to refuse to permit relatives refused to permit the concept of the right of the relatives of the value implication of the second chapter of the Western countries refused the History of the Right to Testify system: historical development as a clue , respectively, outlined the system of common law and civil law relatives refused to permit the evolution of contemporary relatives of the third chapter of the Western countries refused to permit the right to: United States, Germany, for example, introduced the two countries for the relatives refused to permit the right to the specific system design, in this summary of Western contemporary relatives refused the permit system on the basis of the distinctive characteristics, and the Two relatives refused to permit system for comparative analysis, the paper described recent national relatives refused to permit system new development, change Concealment Among Folks system sprout in the inspection of the chapters of Kin Concealment System: research on the history of our country, development, maturity, and further evolution after the founding of New China to eliminate the summary of ancient kiss hidden system characteristics of the first chapters established thinking of my relatives refused to permit system: Introduction to the Criminal Procedure Law, Criminal Law witness to give evidence, perjury provisions, as well as Taiwan, Hong Kong and Macao region on the need for relatives refused to permit the provisions of the argument the moment to establish the relatives refused to permit system, feasible , both from a macro and specific system design is proposed to build the idea of ??contemporary Chinese relatives refused to permit system

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