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当前,世界上许多国家普遍确立了亲属间的拒证权制度,而我国作为一个有二千年“亲亲相隐”法制渊源的国家,在现行的刑事诉讼法中却长期没有这一制度的任何规定。亲属拒证权制度在世界及我国历史中逐渐演进和发展,从基本的伦理道德理念着眼,亲属拒证权在我国现代法律意识中存在一定的空间,这项制度在我国的确立也具有重要的意义。
At present, many countries in the world have generally established a system of right of refusing witness between their relatives. As a country that has the origins of the two thousandths of “relatives and relatives”, our country does not have this for a long time under the existing criminal procedure law Any provisions of the system. Relatives ’system of right of refusing to testify gradually evolves and develops in the history of the world and our country. From the point of view of basic ethics and morality, relatives’ right of refusing to testify has certain space in modern legal consciousness of our country, and this system is also important in our country significance.