论中英两国刑事证人证言可采性标准及检测方法

证人证言在刑事诉讼中的运用一直是各国主要关注的问题 ,而证言运用的核心又在于证言的可采性问题。本文从比较研究的角度 ,对中英两国刑事证人证言可采性标准及检测方法作了具体分析 ,认为中英两国刑事证明标准的不同 ,决定了两国证人证言可采性标准的差异 ,从而导致检测这一标准的方法也各异 ,并认为英国现行的刑事证明标准及由此决定的证言可采性标准有可资借鉴之处

A Sino-British Comparison of the Practicability and the Related Test Measures of the Witness Testimony in Criminal Lawsuits

Witness testimony in criminal lawsuits has been a major concern throughout the world, the core of which lies in its practicability. This paper makes a comparative analysis of the practicability and related test measures of witness testimony in criminal lawsuits in China and Britain. As is pointed out, different standards of criminal confirmation between the two countries have inevitably resulted in different criteria of the practicability of witness testimony. Hence the difference in the test measures. Still, the paper argues that the current British practices merit attention on the part of China.