证人特权制度的评价与立法建议

证人特权制度在我国立法上几乎是一片空白。证人特权制度在维护特定的社会关系方面有其合理性。证人特权制度首先要解决的是证人资格问题 ;其次是界定证人特权的范围 ,具体包括拒绝自我归罪特权、配偶和近亲属的拒证权、职业秘密特权和公务秘密特权。限制证人特权 ,以防止证人逃避出庭作证的义务 ;保护证人应有的权益 ,以解决证人出庭难问题 ,是证人特权制度的应有之义。因此 ,我们要建立和完善证人特权制度。

Evaluation and Legislative Suggestions on System of Privilege of Witness

System of privilege of witness is nearly a gap in national legislation.It is advisable to set forth such a system,especially in maintaining specific social connections.First,it comes the issue of witness's qualification,then the definition of witness's privilege,which includes:right to deny self-incrimination,right to refuse to witness for spouce and close relatives,right to keep professional secrets and right to keep business secrets.In order to make the witness on court,the privileges of witness should be restricted to prevent witness from evasion of his duties of witness on court,as well as to protect witness's rights and benefits.Therefore,the system of privilege of witness should be established and perfected.