论文部分内容阅读
亲亲相隐制度的存在有一定的合理性,在提倡“依法治国”的今天,吸收传统文化中合理的内核,对和谐社会的建立、罪犯的教育改造、提高法律权威有着重大意义。2012年的《刑事诉讼法》建立了强制证人出庭作证制度,在一定程度上免除了亲属出庭作证的义务,但是该项制度仍有不完善之处,本文探析亲亲相隐制度的现代价值,提出我国亲属举证权的问题及现代化改造的构想。
There is a certain rationality in the existence of the system of deference of relatives and relatives. In today ’s promotion of “governing the country according to law”, absorbing the reasonable core in traditional culture is of great significance to the establishment of a harmonious society, the educational reform of criminals and the improvement of legal authority. The 2012 Criminal Procedure Law established a system of compelling witnesses to testify in court, to a certain extent, to exempt relatives from their obligation to testify in court. However, this system still has imperfections. This article analyzes the modern value of the system of pro-inference, Put forward the question of the right of proverbation of our relatives and the conception of modernization.