浅议近亲属作证豁免权

On the People's Rights to be the Witness for Their Kinfolk

“亲亲得相首匿”是我国古代的司法传统,这一传统也为现代世界刑事司法潮流所认同。而我国当代刑事司法却忽略了特殊证人———近亲属证人的权利,即拒绝作证权。我国刑事诉讼中应建立近亲属作证豁免权制度。

In ancient times, people were not be punished when they kept silent or told a lie for protecting their kinfolk who committed crime. That is a tradition in the ancient judicatory in our country. It is also accepted by the modem school on the criminal judicatory. But the modern criminal judicatory doesn＇ t allow the people to be the witness to their kinfolk. The rights that the people can be the witness to their kinfolk should be set up in the criminal procedure in our country.