2011Journal of Hunan Police AcademyRequires access

The Spouses' Testimonial Privilege in American's Law of Evidence

Zhan Jing

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Abstract

Federal Rules of Evidence has made general specifications to the privilege,while Chinese law does not unambiguously provide any privilege rules.Under the background of the American common law,judgments of some significant cases have affected the development of the spouses' testimonial privilege greatly.The system of the spouses' testimonial privilege in American's law of evidence has provides us with basis of study and reference,which is helpful to the study and discussion of evidence theory and practice,as well as the establishment of the privilege rules in China.

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What this paper is about

Federal Rules of Evidence has made general specifications to the privilege,while Chinese law does not unambiguously provide any privilege rules.Under the background of the American common law,judgments of some significant cases have affected the development of the spouses' testimonial privilege greatly.The system of the spouses' testimonial privilege in American's law of evidence has provides us with basis of study and reference,which is helpful to the study and discussion of evidence theory and practice,as well as the establishment of the privilege rules in China.

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Available abstract

Federal Rules of Evidence has made general specifications to the privilege,while Chinese law does not unambiguously provide any privilege rules.Under the background of the American common law,judgments of some significant cases have affected the development of the spouses' testimonial privilege greatly.The system of the spouses' testimonial privilege in American's law of evidence has provides us with basis of study and reference,which is helpful to the study and discussion of evidence theory and practice,as well as the establishment of the privilege rules in China.

Key concepts: Testimonial, Privilege (computing), Law, China, Political science, Psychology, Sociology, Business

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