刑事诉讼配偶作证资格和作证义务问题研究--以英国及香港地区为中心

在国内学界热烈讨论的配偶证人拒证权问题上,一个明显的缺陷是在十分热闹的学术争论下所掩盖的将问题简单化,将论证粗放化的倾向,而这将不利于证据立法的完备。证据立法不应满足于仅仅对相关制度和理念做粗放式的勾勒,而应尽可能地予以有操作性的具体规定,以防止证据立法成为"宣言"和"口号"式。

Research on Qualification and Obligation of Spouse Witness in the Criminal Procedure Law

Although issue of spouse witness' right of refusing to testify is argued heatedly in theoretical circle currently. There is an adverse tendency of simplifying problems and demonstrating carelessly, which can be seen obviously in heated academic discussion. This will be harmful to the perfection of the evidence legislation. We should not be content with rough outline of correlative system and idea in evidence legislation. In order to prevent the evidence law from turning into a form of "declaration" or a "slogan", effective rules must be legislated.