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刑事诉讼中赋予犯罪嫌疑人、被告人的亲属以拒证权是程序正义的内在要求,也是我国法律文化的优良传统与现代世界各国诉讼立法的普遍做法,但由于历史、政治等原因亲属拒证权一直未见于我国现行的刑事诉讼法。可以通过对东西方容隐法制的比较与分析,抽象出两者共通的和谐与秩序的价值追求,以期为当今中国建立起符合实际的亲属拒证权规则提供可资参评的理论支撑与根本理念。
The confession given to criminal suspects and relatives of defendants in criminal proceedings is an inherent requirement of procedural justice and also an excellent tradition of legal culture in our country and common lawsuit legislation in various countries in the world. However, due to historical and political reasons, relatives refuse to testify The power has not been seen in our current criminal procedure law. Through the comparison and analysis of the legal system of tolerance between the East and the West, we can abstract the value pursuit of common harmony and order between the two, with a view to providing theoretically support and basic idea for the Chinese to establish a realistic rule of relatives’ right of refusing to testify.