高分啊,该有好心人给非机器翻译了吧

英美法国家证据秘密保护制度。英美证据法中的秘密保护制度主要表现为特权保护,其特权分为特权事项(privileged topics)和特权关系(privileged relations)两种。前者主要强调证人享有拒绝对某一事项的作证的权利,证人是谁并不重要。例如,美国联邦证据法规定,涉及国家安全和军事机密的与公职有关的事项,政府有权拒绝提出或禁止他人提出该项证据。后者则是因为人与人之间具有某种特殊关系,因而免除作证义务,例如,美国联邦证据法规定的特权关系包括:律师与当事人之间的秘密特权(attorney-client privilege); 夫妻之间的秘密特权(marital privilege);医生与患者之间的秘密特权(physician-patient privilege);神职人员与忏悔者之间的秘密特权(clergy-penitent privilege)等。只要具有这种身份关系,均有权拒绝作证。前者主要在于维护国家利益和社会秩序,而后者则是保障私人权利,维护私人信托关系的稳定。根据美国宪法修正案第五条的规定,不得强迫任何人为自己犯罪事实之证人,即人人都享有不自证其罪的特权(privilege against self-incrimination)。这一规定完全是以人权保护作为其立法理由。英美证据法中的秘密特权,不仅仅是具有上述特殊身份关系的人,自己有拒绝作证的权利,而且有权阻止对方就有关秘密事项作证。如夫妻之间的秘密特权,并不是夫或妻一方阻止对方作为证人的资格,而是阻止陈述夫妻关系持续期间的秘密事项,即保护夫妻享有的隐私权,这较之古代的容隐制度而言,其保护的权利更为具体明确。

根据英美证据法的规定,在证据开示(discovery)程序中,不管身份如何,也不其为何事,即使涉及个人秘密也不例外,任何人均有陈述的义务。但是,律师与当事人之间、夫妻之间、医生与患者之间、神职人员与忏悔者之间等,以相互信赖为其根本。而社会的共同理念认为,泄露这些秘密所造成的损害,比不公开这些秘密可能造成的不利的裁判有更大的危害,故应当对这些秘密加以保护。21因此,英美证据法中的秘密特权保护,其保护对象完全是一种信托关系。可见英美民族的容隐制度,与古代完全基于亲情关系而产生的容隐制,其理念基础不同。因此,美国的父子、兄弟、婆媳、甥舅、妯娌之间,没有阻止证言的特权,仅夫妻间才有此权利,可以说,“子证其父,弟证其兄,在美国不相容隐。”22 所以有学者感叹到:“英美民族,富余独立性,对于亲属观念,不甚浓厚。法院为易于采择事实真情起见,除配偶外,不准他人因亲属关系而拒绝证言。”

英美法国家证据秘密保护制度
the secret protection system of evidence in common law countries
(楼主注意啊,common law 就是英美法,我没有翻译错)

英美证据法中的秘密保护制度主要表现为特权保护,其特权分为特权事项(privileged topics)和特权关系(privileged relations)两种。前者主要强调证人享有拒绝对某一事项的作证的权利,证人是谁并不重要。例如,美国联邦证据法规定,涉及国家安全和军事机密的与公职有关的事项,政府有权拒绝提出或禁止他人提出该项证据。后者则是因为人与人之间具有某种特殊关系,因而免除作证义务,例如,美国联邦证据法规定的特权关系包括:律师与当事人之间的秘密特权(attorney-client privilege); 夫妻之间的秘密特权(marital privilege);医生与患者之间的秘密特权(physician-patient privilege);神职人员与忏悔者之间的秘密特权(clergy-penitent privilege)等。只要具有这种身份关系,均有权拒绝作证。前者主要在于维护国家利益和社会秩序,而后者则是保障私人权利,维护私人信托关系的稳定。根据美国宪法修正案第五条的规定,不得强迫任何人为自己犯罪事实之证人,即人人都享有不自证其罪的特权(privilege against self-incrimination)。这一规定完全是以人权保护作为其立法理由。英美证据法中的秘密特权,不仅仅是具有上述特殊身份关系的人,自己有拒绝作证的权利,而且有权阻止对方就有关秘密事项作证。如夫妻之间的秘密特权,并不是夫或妻一方阻止对方作为证人的资格,而是阻止陈述夫妻关系持续期间的秘密事项,即保护夫妻享有的隐私权,这较之古代的容隐制度而言,其保护的权利更为具体明确。

common law of evidence of the secret protection system mainly for the protection of privilege, the privilege matters into their privileges (privileged topics) and privileges of relations (privileged relations) two. The former stressed that the main witness refused to testify on a matter of the right to permit Who is not important. For example, the Federal Evidence Act provides that involve national security and military secrets and the public matters relating to the Government the right to reject or ban proposed by the evidence of others. While the latter is because people have a special relationship between and thus remove obligation to testify, for example, the United States Federal law provides evidence of the privileges include: lawyer and client privilege between the secret (attorney-client privilege); couples Between the secret privilege (marital privilege); doctors and patients between the secret privilege (physician-patient privilege); clergy and repentance among the secret privilege (clergy-penitent privilege), and so on. As long as relations with this capacity, have the right to refuse to testify. The former mainly in safeguarding national interests and social order, while the latter is to protect private rights, safeguarding the stability of relations between the private trust. According to the Fifth Amendment to the Constitution of the United States shall not force any artificial facts of his crime witnesses, that is, not everyone is entitled to self-incrimination privilege (privilege against self-incrimination). This provision is entirely the protection of human rights as reasons for their legislation. Anglo-American law of evidence of secret privilege, not only with the special status of relations between the people, they have the right to refuse to testify, and the right to prevent other matters on the secret testimony. If the secret privilege between husband and wife, Fu Huoqi not prevent the other side of the qualification as a witness, but continued to prevent the husband and wife during the presentation of secret matters, which is to protect the privacy of couples enjoy, this ancient than the capacity of implicit system Statement, the protection of the rights of more specific.

根据英美证据法的规定,在证据开示(discovery)程序中,不管身份如何,也不其为何事,即使涉及个人秘密也不例外,任何人均有陈述的义务。但是,律师与当事人之间、夫妻之间、医生与患者之间、神职人员与忏悔者之间等,以相互信赖为其根本。而社会的共同理念认为,泄露这些秘密所造成的损害,比不公开这些秘密可能造成的不利的裁判有更大的危害,故应当对这些秘密加以保护。21因此,英美证据法中的秘密特权保护,其保护对象完全是一种信托关系。可见英美民族的容隐制度,与古代完全基于亲情关系而产生的容隐制,其理念基础不同。因此,美国的父子、兄弟、婆媳、甥舅、妯娌之间,没有阻止证言的特权,仅夫妻间才有此权利,可以说,“子证其父,弟证其兄,在美国不相容隐。”22 所以有学者感叹到:“英美民族,富余独立性,对于亲属观念,不甚浓厚。法院为易于采择事实真情起见,除配偶外,不准他人因亲属关系而拒绝证言。”

Britain and the United States under the provisions of the law of evidence, the evidence discovery (discovery) process, regardless of status, why not their thing, even if the individuals involved in secret is no exception, no one has the obligation statement. However, lawyers and between the parties, between husband and wife, between doctors and patients, between the clergy and repentance, to its fundamental mutual trust. And the community's common idea that these secrets leak caused by damage than the disclosure of such secrets may not cause adverse decision a greater harm, it should be secret to protect them. 21 Therefore, the Anglo-American law of evidence of secret privilege protection, the protection of its objects is a completely trust relationship. This shows that the capacity of Britain and the United States national implicit system, and based entirely on the ancient kinship between the implicit system capacity, based on different concepts. Therefore, the United States and his son, brother, Poxi, Shengjiu, Zhou Li, and did not block the testimony of the privileges, only between husband and wife have this right, it can be said, "sub-licence his father, brother card Qixiong, in the United States does not Implicit compatible. "So there are 22 scholars exclaimed:" British and American peoples, the independence of the surplus, the relatives of ideas, not strong. Caize fact that the court was easy to love sake, with the exception of a spouse, not because of family ties and others refused to testimony. "
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第1个回答  2008-07-23
英语牛的自己翻译,不会无聊到极点才在这儿翻译文章
英语弱的……
有钱的请英语牛的翻译,不会寄希望于这儿的翻译
没钱的……

自己是那种自己清楚
反正我上来也就是找找有没有好玩的翻译做做
只是提醒一下,不要想省事不成结果出问题
第2个回答  2008-07-24
The UK-US law country evidence secret protects system. Main clandestine protection system behaviour in UK-US evidence law is that privilege protects , whose privilege concerns (privileged relations) mark for privilege item (privileged topics) and privilege two kinds. Right the former is enjoyed emphasizing witness mainly declining giving evidence to some one item, witness is who is not important. For instance, USA federation evidence follows regulation , item , the government relevant to public office relating to national security and the military secret are entitled to refuse to bring forward that evidence bringing forward others or forbidding. The latter is duty then because of person gives evidence with having some peculiar species relation , remitting as a result between person , the privilege relation that USA federation evidence law stipulates includes for instance: Confidential privilege between the lawyer and the interested party (attorney-client privilege); Confidential privilege between husband and wife (marital privilege); Confidential privilege between the doctor and the patient (physician-patient privilege); Clergy and the confidential privilege (clergy-penitent privilege) between repenting person etc.As long as having this dignity relation, be entitled to decline to give evidence equally. The former lies in upkeep country benefit and social order mainly , the latter is to ensure private right but then, stability defending private trust relation. Regulation according to fifth USA Amendment to the Constitution, witness of fact, is that everybody all enjoys the privilege that the person does not put the blame on from the certificate must not forcing anybody to be that self commits a crime (privilege against self-incrimination). This one regulation is to be whose legislation reason with human rights protection completely. Not only confidential privilege in UK-US evidence law, being the people who has as said or narrated above peculiar dignity relation, self has the right declining to give evidence, and be entitled to deter the other party from giving evidence right away in connection with confidential item. If the confidential privilege between husband and wife, the qualification being really not that the husband or wife one side deters the other party from being witness, is to deter from stating the confidential item during that period when conjugal relation continues for but , is to protect the right of privacy that husband and wife enjoys, this hides system Er Yan comparing with ancient Rong , the right that the person protects is more concrete definitely. Regulation according to UK-US evidence law, disregard dignity in holding instructions (discovery) procedure in evidence, how, why the person is engaged in neither, even if relating to the individual secret no exception, any is per capita duty having statement. The clergy waits but, between the lawyer and the interested party , between husband and wife , between the doctor and the patient, with being penitent between person , takes mutual trust as whose foundation. Society's common idea thinks but , disclose damage brought about by these secrets, the disadvantageous judge who may bring about than doing not revealing these secrets has bigger damage, therefore ought to protect these secrets. UK-US evidence follows hit the target clandestine privilege protection 21 therefore, that the person protects a marriage partner is one kind of trust relation completely. It can be seen that UK-US nation Rong hides system, make completely with the ancient times owing to that Rong kissing feeling relation but coming into being hides, the it's idea basis is different. Therefore, between American father and son , brother , mother and daughter-in-law , nephew mother's brother , sisters-in-law, do not arrest oral testimony privilege, only, husband and wife has this right just now , can say "you verify his father , younger brother certificate it's elder brother, hide in USA incompatibility". 22 arrives at therefore having a scholar to sigh with feeling: "UK-US nationality, has more than needed independent character, concept, is not really deep to the kinsfolk. The court is to pick fact easily besides real sentiment gets rid of a spouse for the purpose of, forbids others to decline oral testimony because of family ties". 完美几番
第3个回答  2008-07-25
The proof secret of the British and American and French house protects system.The secret protection within British and American proof methods system mainly expresses to protect for the privilege and its privilege is divided into privilege item(privileged topics) and privilege to relate to(privileged relations) 2 kinds.The former mainly emphasizes that the witness possesses brush-off's right for some testimony of one item, witness is who of no account.For example, the American federal proof laws settle and involve a having something to do with public position of national security and classified military information of item, the government has power brush-off to put forward or forbids others to put forward that proof.The latter then because of interpersonal have a certain and special relation, as a result absolution testimony obligation, for example, the American federal proof method rule of the privilege relation include:Lawyer and the secret privilege(the privilege of the attorney-client) of of the party concerned; The secret privilege(marital privilege) of the husband and wife's;The secret privilege(the privilege of the physician-patient) of of doctor and sufferer;Clergy with repent the secret privilege(the privilege of the clergy-penitent) of of etc..As long as have this kind of identity relation, all have the power brush-off the testimony.The former is mainly lie in supporting national interest and social order, and then then guarantees private right and support private trust the stability of relation.Can not force any artificial oneself the witness of crime fact according to the provision of American constitution revision bill Article 5, namely the everyones don't from the privilege(the self-incrimination of the privilege against) of certificate its offense all possess.This provision completely uses human rights protection as its lawmaking reason.The secret privilege in British and American proof methods, not only only is the person who has the above-mentioned special identity relation, oneself has the right of brush-off testimony, and has power arrestment the other party the item concerning secret testimony.Like the secret privilege of the husband and wife's, is not man or wife a square obstruct the other party as a witness of qualifications, but arrestment illustrate bed and board duration of secret item, then protect the husband and wife possess of right of privacy, this compare it ancient times of permit concealed system but talk, the right of its protection more concrete explicit.

According to the provision of British and American proof methods, in the proof open show(discovery) the procedure, whether how identity is or not, also not it why matter, even involve personal secret no exception, anyone all has the obligation of statement.But, lawyer and the , doctor of the , husband and wife and the , clergy of the sufferer of the party concerned with repent of etc., take trusting mutually as it a root.But the social common principle think, reveal the damage that these secrets result in, compare unjust open these secrets may result in of disadvantageous of the assize have larger bane, so should protect these secrets.21 therefore, secret privilege within British and American proof methods protection, its protection object is completely 1 kind to trust a relation.It is thus clear that British and American races permit concealed system, completely relation but creation according to the natural affection with ancient times of permit concealed make, its principle foundation dissimilarity.Therefore, the United States of of father and son, brothers, old woman daughter-in-law, nephew Jiu, Zhou Li, there is no the privilege of arrestment certificate speech, the only husband and wife just has this right, can say, "the son certificate its father, younger brother's certificate its elder brother, incompatible concealed in the United States."22 so there is scholar feel deeply about:"British and American races, rich remaining independence, for the relatives idea, not very strong.In order to be easy to select for use fact genuine feeling to see, court in addition to spouse, prohibit others because of relatives relation but brush-off certificate speech."
第4个回答  2008-07-25
真缺德,都是机器翻译的,干扰人家的视线。楼主又不是傻子,句子连贯不连贯看不懂,都复制一大堆,忽悠鬼呢?
第5个回答  2008-07-26
Common Law countries evidence secret protection system. Anglo-American law of evidence of the secret protection system mainly for the protection of privilege, the privilege matters into their privileges (privileged topics) and privileges of relations (privileged relations) two. The former stressed that the main witness refused to testify on a matter of the right to permit Who is not important. For example, the Federal Evidence Act provides that involve national security and military secrets and the public matters relating to the Government the right to reject or ban proposed by the evidence of others. While the latter is because people have a special relationship between and thus remove obligation to testify, for example, the United States Federal law provides evidence of the privileges include: lawyer and client privilege between the secret (attorney-client privilege); couples Between the secret privilege (marital privilege); doctors and patients between the secret privilege (physician-patient privilege); clergy and repentance among the secret privilege (clergy-penitent privilege), and so on. As long as relations with this capacity, have the right to refuse to testify. The former mainly in safeguarding national interests and social order, while the latter is to protect private rights, safeguarding the stability of relations between the private trust. According to the Fifth Amendment to the Constitution of the United States shall not force any artificial facts of his crime witnesses, that is, not everyone is entitled to self-incrimination privilege (privilege against self-incrimination). This provision is entirely the protection of human rights as reasons for their legislation. Anglo-American law of evidence of secret privilege, not only with the special status of relations between the people, they have the right to refuse to testify, and the right to prevent other matters on the secret testimony. If the secret privilege between husband and wife, Fu Huoqi not prevent the other side of the qualification as a witness, but continued to prevent the husband and wife during the presentation of secret matters, which is to protect the privacy of couples enjoy, this ancient than the capacity of implicit system Statement, the protection of the rights of more specific.

Britain and the United States under the provisions of the law of evidence, the evidence discovery (discovery) process, regardless of status, why not their thing, even if the individuals involved in secret is no exception, no one has the obligation statement. However, lawyers and between the parties, between husband and wife, between doctors and patients, between the clergy and repentance, to its fundamental mutual trust. And the community's common idea that these secrets leak caused by damage than the disclosure of such secrets may not cause adverse decision a greater harm, it should be secret to protect them. 21 Therefore, the Anglo-American law of evidence of secret privilege protection, the protection of its objects is a completely trust relationship. This shows that the capacity of Britain and the United States national implicit system, and based entirely on the ancient kinship between the implicit system capacity, based on different concepts. Therefore, the United States and his son, brother, Poxi, Shengjiu, Zhou Li, and did not block the testimony of the privileges, only between husband and wife have this right, it can be said, "sub-licence his father, brother card Qixiong, in the United States does not Implicit compatible. "So there are 22 scholars exclaimed:" British and American peoples, the independence of the surplus, the relatives of ideas, not strong. Caize fact that the court was easy to love sake, with the exception of a spouse, not because of family ties and others refused to testimony. "

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