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亲属容隐制度是我国传统社会中一项重要的法律制度,这一制度与当代西方国家立法确认的亲属拒证权有着诸多相通之处。亲属容隐制度通过赋予血缘亲情一定的自由空间,将一定范围内的法律权力授权给家庭,合理解决了行为人道德义务与法律义务的冲突,体现了法律对人性的关怀,维护了社会的秩序和统治者政权的稳定。我国的证据立法应当在继承、改造亲属容隐制度的基础上,构建当代中国的亲属拒证权。
The system of gratification of relatives is an important legal system in the traditional society of our country. This system has many similarities with the relatives’ right to testify in the legislation of contemporary western countries. The gratification system of kinship empowers family members with a certain amount of free power by giving kin to their kinship family family and rationally solves the conflict between the moral obligation and legal obligation of the behavior people, reflects the care of human nature by the law and maintains the social order And the stability of the ruler’s regime. The evidence legislation in our country should establish the relatives’ right of refusing to testify on the basis of inheriting and reforming the system of tolerating relatives.