“亲亲相隐”是我国传统的司法原则,为我国当下的法律制度所摒弃,依我国现行法律,包括犯罪嫌疑人亲属在内的凡是知道案情的人,都有作证的义务。作者认为这样的法律规定同一般的社会伦理不相符合,文章从“亲亲相隐”的伦理基础和相关各国的立法实践等方面论证了亲属作证特免权的合理性。 “Kiss relatives ” is China’s traditional judicial principles, abandoned by the current legal system in our country, according to our existing laws, including those relatives of the suspects, including those who know the case, have the obligation to testify. The author believes that such legal provisions are inconsistent with the general social ethics. The article demonstrates the rationality of relatives’ privilege to testify from the ethical basis of “mutual affection” and the legislative practice of relevant countries.