Research on the Legal Path of Chinese-style Relative Refusal System
The relative refusal system should not be limited to the exemption of close relatives from being forced to testify in court at the trial stage.The relative exemption system added to the Criminal Procedure Law in 2012 is not only an abandonment of the concept of"tolerance"contained in the cultural tradition of the rule of law,but also a response to the needs of social governance in the new era.However,whether it is the process of legal regulation of the right to refuse certification of relatives in ancient times from folk concepts to legal rights,or the abolition of the system of refusing to testify relatives under the barriers of thinking such as one-sided pursuit of entity truth,it is neither in line with the formal rule of law that restricts freedom to achieve freedom,nor is it consistent with the formal rule of law that restricts freedom to achieve freedom.It is consistent with the substantive rule of law that the law gives to people's behavioral guidance.The current relative exemption system,which is limited to the court hearing stage,does not fully achieve the proper meaning of the rule of law.It relies on judicial correction and isolates social self-discipline,leading to problems such as rising social governance costs.In the context of the new round of revisions of the Criminal Procedure Law,the systematic design of the Chinese-style relative refusal system must be based on the"dual subjects"of the relative and the defendant,and the four categories of cases to which the right of relative refusal is applicable must be clarified.The scope of exceptions and content should be appropriately expanded,and the provisions on relatives in the crime of obstruction of justice in the Criminal Code should be revised to achieve the unification of substantive criminal law and procedural law.
right of relatives to refuse testimonyright to confrontationrules of evidence,rule of lawsocial governance
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