论我国刑事诉讼中的证人免证权

证人免证权制度,正是我国目前刑事诉讼证人制度理论界讨论的一个热点,是否在我国确立证人免证制度,反映了社会公共利益与个人利益冲突。在我国建立证人免证权制度,应科学合理地界定免证权的证人范围,作证内容和必要的限制;加强对刑事诉讼参与人权利的充分保护,已成为完善我国证据法律制度,加强人权保护,推动社会主义法制化进程的重要举措之一,具有重大的现实意义和理论价值。

On Garnishment Exempt Rights of the Witnesses in the Process of Criminal Indictment in China

Applying garnishment exempt rights of the witnesses is a hot issue argued by theory groups for the witness system of criminal indictment in China today.Whether not to constitute garnishment exempt rights of the witness in China reflects conflicts between social public profits and individual ones.When constituting garnishment exempt rights of the witness in China,the legislators should scientifically confine the witness groups on which garnishment exempt rights will be granted as well as contents and necessity of the witness should be clarified and limited.To reinforce adequate protection of rights of criminal litigants has become one of important measures to consummate legal evidence system of the country and to protect human rights as well as to promote a nomocracy process in socialists China.The issue is of with important realistic significance as well as theory values.