诉讼证人免证特权探讨

证人免证特权是大陆法系和英美法系国家诉讼证据法律中的一项重要内容 ,其理论基础是防止公共权力侵犯个人权利 ,尊重个人价值 ,维护和谐稳定的家庭关系 ,保护特定的社会关系和重大公共利益。证人免证特权包括拒绝强迫自证其罪特权、“亲亲相隐”特权、职业上的特权、公务秘密特权等

Research on Privilege of Refuse to Testify

It is an important part of litigious law that testifiers have privilege to refuse to tesify in common and law systems,Which is based on the theory of preventing public power from invading human right, respecting personal value,sticking up harmonic and stable family and social relationship and protecting certain social relationship and significant social profit. Testifier's privilege of refuse to testify includes:the privilege of refuse to the forced testimony against his innocence,the privilege of refuse to testify against family members and privilege of office,the secret privilege official duty and so on, The paper establishes the system of testifier's privilege of refuse to testify which meets the situation of our country on the base of reference to the experience.