The witness privilege in criminal proceedings,as a legal system to protect human rights,in our country is not yet available.The practical significance of the immunity of close relatives from compulsory testimony in court is also open to discussion.The reason why the witness privilege in criminal proceedings has been accommodated by many legal systems is that it is rich in judicial value.In recent years,China's achievements in building a country governed by the rule of law have become increasingly prominent.The function of criminal justice is no longer simply to punish crime,but also has more diversified values and needs.Therefore,the study of the witness privilege should be carried out with a developmental perspective and the latest trend of judicial pluralism,and it is especially important to realize that the construction of the witness privilege for relatives is a response to judicial pluralism.The witness privilege in criminal proceedings in China is of great significance not only to revive the value of our traditional system and further protect human rights,but also to improve the witness testimony system and respond to modern pluralistic justice.Furthermore,it can only be realized with the maximum rights and interests if it is constructed with boundaries.
关键词
人权保障/多元化司法/拒证权/拒证权边界
Key words
Protection of human rights/Pluralistic justice/Witness privilege/The boundary of the witness privilege
维普
万方数据