欧洲人权法院视野下的质证权保障与证人保护

刑事审判中被告人享有质证权,应予以保障.然而在某些特殊情况下,为了保障证人的权利不得不采取一定措施对被告人的质证权进行适当的限制,二者存在此消彼长的矛盾关系.欧洲人权法院采取对被告人质证权的限制理由正当化与较佳防御手段优先适用的原则,以实现二者的平衡.欧洲人权法院的做法具有科学合理之处,值得我们学习和借鉴.

On Guarantee of the Right of Cross-examination and Witness from the Perspective of the European Court of Human Rights

The right of cross-examination of the accused needed to be guaranteed in a criminal trial However, in some special cases, for the rights of witnesses we had to take certain measures to restrict the right of cross-examination of the accused, causing the shifting contradictions. The legalization of restriction for the right of cross-examination and better priority principles for defense have been taken in European Court of human rights so as to achieve the balance between the two parties. Its scientific and reasonable ways are worth learning and referencing by us.