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英美法系国家证据法上的特免权由来已久,配偶特权即为其中之一。英国很早就确立了配偶特权,包括婚姻证言特权。根据婚姻证言特权规则,夫妻之间基于婚姻关系享有相互拒绝作证的权利。这一规则背后是人性价值和正义价值的取舍,无论是立法者还是法官,都优先选择了人性价值,即维护婚姻关系的稳定。但随着实践情况的变化,这一有明显倾向性的做法有所改变,发现真实和打击犯罪背后的正义价值对人性价值所做的让步逐渐减少。婚姻证言特权发生的变化体现了权利的边界性和约束性,这是其背后价值冲突的必然结果。长期以来,我国学者不断呼吁确立真正意义上的亲属拒证权,包括基于婚姻关系的拒证
The privilege of common law in the Anglo-American legal system is a long-standing one, and spouse privileges are one of them. The United Kingdom has long established spouse privileges, including the privilege of marriage testimony. According to the prerogative rules of marriage testimony, the husband and wife enjoy the right of refusing each other testimony on the basis of the marriage relationship. Behind this rule is the selection of the value of human nature and the value of justice. Both legislators and judges give priority to the value of human nature, that is, to the maintenance of the stability of the marriage. However, with the change of practice, this clearly-preferred practice has changed. It has been found that the concessions made by the justice values behind the real crimes and crimes against humanity have been gradually diminished. The changes in the privilege of marriage testify the boundary and the binding of rights, which is the inevitable result of the conflict of values behind it. For a long time, scholars in our country have constantly called for the establishment of true right of parental testimony, including refusal of marriage based on proof