丽水学院学报Issue(1)：75-80,6.DOI:10.3969/j.issn.2095-3801.2015.01.014
配偶关系的立法保护浅析--以刑事诉讼法为视角
The Legislative Protection of Spouse Relationship:The Perspective from Criminal Procedural Law
戴婧婧1
作者信息
- 1. 中国政法大学刑事司法学院，北京100088
- 折叠
摘要
Abstract
Like prosecuting crime, protecting spouse relationship based on the criminal procedure law is conducive to social harmony. Some countries and regions attach importance to protecting substantive spouse relationship by implementing mechanisms for trade-off protections. In China,the rule of illegal evidence exclusion only plays limited role in this respect: it is likely for a spouse to turn from a potential witness into a suspect due to the crimes such as harboring and covering,making legislative protection for spouse relationship in criminal procedures impractical; the privilege of refusing to appear in court and testify against one’s spouse has the tendency of malfunction. It is thus suggested that the privilege be modified into one allowing spouses to refuse face-to face testifying,the scope of those who enjoy this privilege be expanded and the spouses be exempt from mandatory searches.关键词
配偶拒绝作证权/刑事诉讼立法/配偶关系保护Key words
privilege of refusing to testify against one’s spouse/criminal procedure law/protection for spouse relationship分类
社会科学引用本文复制引用
戴婧婧..配偶关系的立法保护浅析--以刑事诉讼法为视角[J].丽水学院学报,2015,(1):75-80,6.
