美国警察证人豁免权制度评介

美国证人豁免权制度由来已久。由于警察证人属于证人的一种,美国通过判例的形式在证人豁免权制度的基础上确立了警察证人豁免权制度,作为证人豁免权制度的重要组成部分。我国于2012年修正的刑事诉讼法增设了警察出庭作证制度与有限的证人作证豁免权制度,但均未涉及警察证人豁免权问题。尽管目前我国在警察作证方面的主要关注点仍然集中于如何保证这一制度的贯彻和实施,但随着理论和实践的进一步发展,警察证人的豁免权问题会逐步凸显出来。美国在警察证人豁免权制度方面的有关做法,如豁免的权限与范围,豁免的方式与程序等会给我国警察证人出庭作证制度与证人豁免权制度的完善带来一些有益的启示。

A Review of Police Witness Immunity System in America

The witness immunity system in America has been existing for a long time. As a kind of special witnesses, police witness immunity system has been established on the basis of witness immunity system through many cases and has become an inseparable element of witness immunity system. With the criminal procedure law being revised in 2012, the police testifying system and the limited system of witness immunity has been added to the new law. However, neither of them involves with police witness immunity. Nowadays, the theoretical research focuses on how to guarantee the execution of police testifying. However, with the development of theory and prac- tice, the problem of police witness immunity will appear provide enlightenment for our country＇s system of police eventually. American police witness immunity system will testifying and witness immunity in related aspects, such as, the scope, the extents, the methods and procedures of immunity.