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随着法治与和谐的深入人心,亲属拒证权这一有利于增进社会和谐,体现法治人性内涵的法律制度开始引起学者的广泛探讨。然而,我国现行刑事诉讼法却缺少相关规定。本文探讨了亲属拒证权的内涵和正当化基础,反思了我国关于亲属拒证权的现状,并为亲属拒证权在我国的构建提出了建议和设想。
With the rule of law and the harmony of people deeply rooted, the legal system of relatives’ right of refusing to testify, which is conducive to promoting social harmony and reflecting the connotation of the humanity of the rule of law, has begun to cause scholars to conduct extensive discussions. However, the current criminal procedure law in our country lacks relevant provisions. This article explores the connotation and justification basis of relatives’ right of refusing to testify, reviews the status quo of relatives’ right to refuse to testify in our country, and puts forward suggestions and assumptions for the construction of relatives’ right of refusing to testify in our country.