我国现行诉讼法中亲属没有拒绝作证的权利,还可能遭受到包庇罪的法律追究。要求亲属作证可能会侵犯到家庭隐私,还可能导致株连。而我国古代的容隐制度就体现了亲属作证义务的豁免,现代外国法中也有相类似的规定。赋予近亲属作证义务的豁免权是尊重人权的体现。 Relatives in the current procedural law in our country have not refused to testify, and may also be subject to the law of guilty plea. Requiring relatives to testify may infringe the privacy of the family and may even lead to strains. In ancient China, the system of tolerance and solitude embodied the exemption of the relatives’ obligation to testify. There are similar provisions in modern foreign law. The immunity granted to the relatives to testify is a manifestation of respect for human rights.