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我国现行诉讼制度没有近亲属和特定职务人员拒绝作证权的规定,不利于维护家庭伦理和职业操守。设立证人拒绝作证权有利于防止公权力对私权利过度侵害。我国设立证人拒绝作证制度要使免证人范围不宜过宽同时要完善相关的程序规定。
The current litigation system in our country does not have the provisions of denying the right to testify in close relatives and certain posts, which is not conducive to safeguarding family ethics and professional ethics. The establishment of a witness to refuse the right to testify is conducive to preventing over-infringement of private rights by public power. The establishment of a witness system in China refuses to give evidence so that the scope of the witness-exemption should not be too wide. At the same time, relevant procedural provisions should be improved.