“亲属拒证权”往往被视作“亲亲相隐”制度的现代化产物,其实二者从产生的源头、发展历程到本质思想、价值取向均有很大差异,是两个完全不同的法律制度。“亲亲相隐”制度依托儒家传统伦理思想,是“义务本位”的,而“亲属拒证权”则依托人权思想及契约精神,以“权利本位”为立足点,赋予罪犯亲属以拒证的权利。本文试图从二者的各自的理论基础入手,对其价值取向作出简要的对比。 “Relatives ’right of refusing ” is often regarded as the modern product of “relatives ” system. In fact, both of them have great divergences from the origins and the development course of their origins to their essential thoughts and values. A completely different legal system. The system of “kissing relatives” relies on the traditional Confucian ethics and is “obligatory standard”, while “relatives refusing to testify” relied on the human rights ideology and contractual spirit, based on “rights based” Point, give the relatives of criminals the right to refuse. This article attempts to start with the respective theoretical foundation of the two, and make a brief comparison of their value orientation.