诚实证人证言或然性探析

诚实证人的证言,往往被采信的概率比较大。但即便是诚实证人,受感知能力、回忆识记能力以及取证方法不当等因素的影响,在办案实践中对案件事实也往往只能作出或然性(可能是,可能不是)的判断。司法办案人员必须科学地认识诚实证人证言,树立正确的取证观,客观、全面地收集和核查诚实证人证言,确保公正司法、严格执法、依法保障公民的合法权利。

An Exploration on the Possibility of the Testimony from Honest Witnesses

The testimony of witnesses proves forceful.It is a direct evidence and bears direct proving value.There are great chances that the testimony of honest witnesses are adapted and believed.However even honest witnesses can be affected in their ability of perception,in their ability of recognition and memorization,as well as the improper evidence acquisition in case investigation.As a result,people who take charge of a case can only give a "may be" or "may not be" judgment towards a case under investigation.Judicial people should treat the testimony from honest witnesses in a scientific way,build up a correct concept of evidence acquisition,collect and check the testimony of honest witness objectively and from all sides.