浅述污点证人作证豁免制度

污点证人是指犯罪活动的参与者为减轻或免除自己的刑事责任,与国家追诉机关合作,作为控方证人,指证其他犯罪人犯罪事实的人。污点证人因作证而享受原本应受刑罚的全部或部分豁免。其存在的理论基础是公正与效率、利益均衡和教育刑、目的刑理论的兴起,而且从目前的现实而言,污点证人也有其存在的必要性。因此,应在借鉴国外关于污点证人作证豁免制度的基础上,构建我国的污点证人豁免制度。

Exemption Systems of Criminal Witness

A criminal witness is a person who involves in a crime, in order to lighten or avoid his criminal responsibility, he cooperates with the country's judicial organ. As a prosecutor witness, he alleges other offenders' criminal facts. So he enjoys the total or part exemption of his crime, which should have been punished.Its theoretical foundation is justice and efficience, balanced benefit and the rising of education punishment and purpose punishment theory. As far as the reality is concerned, it has the existing necessity of the criminal witness.So on the basis of borrowing foreign exemption systems of criminal witness, we should establish our own exemption systems of criminal witness.