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修订的《刑事诉讼法》定了亲属拒证权,其与我国古代亲亲相隐制度以及国外亲属作证豁免权有很多相似之处。但它在本质上仅仅属于拒绝出庭权,三者有很大差异。正确认识三者间的区别,是恰当理解《刑事诉讼法》第188条的基础,而三者的差异,也为我国亲属拒证权的制度完善提供了借鉴。我国应从亲属范围的确定、适用的案件范围以及权利内容的完整性等方面完善亲属拒证权制度。
The revised Criminal Procedure Law sets the right of family members to refute the card, which has many similarities with the ancient system of the system of relative decency and the immunity of testimony from relatives abroad. However, it is essentially a mere rejection of the right of appearance, and the three are quite different. Correctly understanding the difference between the three is the basis for proper understanding of Article 188 of the Code of Criminal Procedure. The differences between the three also provide reference for the perfection of the system of the right of denying a witness in our country. China should improve the system of relatives’ right of refusing to testify from the definition of the scope of relatives, the range of applicable cases and the completeness of the content of rights.