我来帮您把!
Abstract:
The right of exemption from testifying in criminal litigation is an integral part of evidence system in modern law-governed countries. It is a supplement and restriction to the witness's obligation to testify. At present, the code of criminal procedure of various countries of the world has generally established that exemption from testifying is the basic right of a witness. However, this system is still absent in the laws of China. Establishing a sound system of the right of exemption from testifying has an important significance;not only will it expedite the process of evidence legislation, but also play a significant role in terms of basic human rights, maintenance of family and social stability, and the protection of national public interest. Therefore, it is imperative to establish the system of the right of exemption from testifying in China's code of criminal procedure. By presenting an elementary introduction of the right of exemption from testifying, this paper describes the basic issues such as its concept and characteristics, and then probes in-depth into the theoratical and value basis of establishing the right of exemption from testifying. Finally, basing on the national conditions in China, it presents some propositions regarding the right of exemption from testifying in criminal litigation.