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新《刑事诉讼法》建立了强制证人出庭作证制度,同时作为例外,也对我国的亲属作证特免权作了相关的规定。亲属作证特免权制度对于保护证人权利、完善我国证人作证制度具有重要意义,但新《刑事诉讼法》对这项制度的规定还存在不完善之处,对亲属作证特免权的适用范围、与庭前书面证言的效力等问题还需通过立法予以明确。基于亲属作证特免权的立法思想、权利属性及其与庭前书面证言效力的关系等相关问题,应建立覆盖整个刑事诉讼环节的亲属作证特免权规则,明确特定亲属作证特免权与庭前书面证言的效力关系。
The new Code of Criminal Procedure has established a system of compelling witnesses to testify in court, and at the same time, as an exception, also made relevant provisions on the privilege of witness testified to by relatives in our country. The system of testifying privilege of relatives is of great significance for protecting the rights of witnesses and perfecting the system of witness testimony in our country. However, there are still some imperfections in the provisions of this new system of the Criminal Procedure Law, And the effectiveness of written testimony before the court and other issues need to be passed legislation to be clear. Based on the legislative thoughts, right attributes and their relationship with the efficacy of written testimony before the court, the relatives should establish the special privilege rule of relatives testifying about the whole criminal procedure, The validity of the previous written testimony.