对证人拒证问题的几点思考

鉴于证人证言的重要性,我国刑法规定,凡是了解案件情况的人(证人)都有作证义务,但是侦查机关在办案收集证据时,经常遇到证人无理拒证或不敢作证的情况。证人拒绝作证,不仅仅是证人缺乏社会责任感、正义感的问题,而且主要也由我国法律制度本身的缺陷造成。因此,针对证人拒证问题,必须加强对证人的保护,明确证人的权利,对拒不履行作证义务的证人给予有效制裁并确立证人特权原则。

Some Reflections upon the Witness' Refusal to Give Proof

In view of the importance of the witness and testimony, whoever (the witness) acquaints with the case, according to the penal code of our country, has the duty to give proof.But when collecting evidence to handle a case, the detective organ often encounters the situation that the witness unreasonably refuses to or dare not give proof.The witness' refusal to give proof is not only a question that he or she is lack of a sense of responsiblity and justice, but also the consequence of the defects of our country' s legal system itself. So, in the light of the witness' refusal to give proof, we must strengthen to protect the witness, clarify the rights of the witness, impose an effective sanction upon the witness who refuses to implement his or her duty to give proof and establish the principle of the witness' privilege.