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Study on the System of Relatives Privilege

Author: LiHui
Tutor: CheChuanBo
School: Jilin University
Course: Legal
Keywords: Dispensation Rights of Kinship Value Trade-offs Humanity Cost of justice
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 237
Quote: 2
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Abstract


Firstly, to clarify the theoretical circles confusion about the Kinship free right concept , and made ??it clear that this article using the the Kinship Free right reason , then Kin Concealment System of Ancient China and China 's Taiwan , Hong Kong, Macao , and the relatives of the foreign special exemption rights system , and Kinship Free right system and kin Concealment System Two Schools Kinship free right system compared ; then discusses the theoretical value of Kinship free right system , and look forward to the possibility of the value of human value , benefits Implication of value , game theory , the value of the value of the five areas ; Finally , analysis of China 's criminal Kinship Free the absence of the right system may destroy the harmony and stability of the family relationship , the admissibility of evidence to be questioned , the relatives of human rights violations is not conducive to establish the drawbacks of the three aspects of the legal authority , discusses China 's establishment of Kinship free right system has the advantage of resources at home and abroad can learn the full realization of the adversarial nature of the parties ' obligation to testify in order to balance the relatives and testify imbalance of rights , enhanced evidence the reliability of the four aspects of building a harmonious society, the need to protect the relatives of human rights in order to save the cost of justice , but also from the physical analysis China should build the relatives of Immunity from the main range , target range , as well as a reasonable limit , from program analysis China should build the Kinship Free right to inform the program , application procedures, audit procedures , the relief program as well as the relatives of special exemption the right to give up . Can be seen from this Dispensation Rights of Kinship discusses Kinship Free the right to have a reasonable basis for its existence , but the rights protected Kinship Free family interests are not always greater than found that the real value of justice , in the two sets of interests the value of the game , I believe that China should establish the the Kinship free right system , but it should be reasonable restrictions .

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