从容隐制度看近亲属拒绝作证权在我国立法的可能性

The Possibility of Establishing the System of Refusing to Testify Against Family Members

中国社会自古以来就极其注重伦常纲纪,"亲亲相隐"或"亲属容隐"的规定在中国古代历朝的法律中均有体现。本文试追根溯源古今中外关于"亲亲相隐"制度的规定,分析现阶段有限制的引入"亲亲相隐"制度的合理性,以期对我国确立"近亲属拒绝作证权"提出有益的建议。

The regeneration of past-dynasty’s rules and orders beneficial for the rulers’ government seems to the persistent exercise done by the ancient Chinese society.The system of refusing to testify against family members,with no exception,is one of such rules that followed by successive dynasties in ancient China.Apart from this,it’s my personal idea that introduction of this system into present society still has it’s reasonableness.The materials recording this system I can collect from different places and different periods will be provided in this article to prove the possibility of the system’s establishment in present China.