证人具有作证的义务,亲属应当免除作证的义务。中国传统法律体系就有亲属拒证权的制度。亲属拒证权是对人性和常理的回应,是缺乏期待可能性的体现,是权衡证据制度所追求的价值的结果。刑事诉讼法修正案虽然对亲属拒证权有所涉及,明显进步,但略显粗糙,文章侧重对亲属拒证权的法理进行探讨,此项权利有待进一步完善。 Witnesses have the obligation to testify, relatives should be exempt from the obligation to testify. China’s traditional legal system has the right of relatives to testify. Relatives’ right of refusing to testify is a response to human nature and common sense, a manifestation of the lack of possibility of expectation and a result of weighing the value pursued by the evidence system. Although the amendment to the Criminal Procedure Law has made reference to the right of denying a right of relatives, it has obviously improved. However, it is a bit rough. The article focuses on the discussion of the legal principle of relatives’ right of refusing to testify. This right needs to be further improved.