试析我国证人义务立法的道德缺陷及修补

道德是法律的重要内涵和制定依据 ,法律不能离开道德而存在 ,存在严重道德缺陷的法律既不能得到人们的认同 ,也承担不起将社会引向法治的重任。我国刑事诉讼法对证人作证义务的规定过于僵化、绝对 ,严重忽视了对我国民众亲情伦理道德、职业道德和人性道德的维护 ,存在着明显的道德缺陷。而对基本人性、道德的违背也决定了其无法在我国长期适用下去。本文拟在对我国证人作证义务立法的道德缺陷进行分析的基础上初步尝试构建适合我国国情的证人免证制度

Explorative Analysis About the Moral Defect and Its Remedy in Legislation About Obligation of Witness In Our Country

Morality is the important connotation of law and enactment basis. Law cannot exist out of morality. The law with vital moral defect neither can be accepted by people, nor can undertake the important responsibility of leading the society to the rule of law. In the Law of Criminal Procedure of our country the stipulations about the testification obligation of witness are too rigid and absolute to neglect grossly the maintenance of family love, ethics and morality of the masses in our country, and has obvious moral defect. While the breach of basic human nature and morality also decide it unable to apply in our country for a long period. In this article, the author intends to make a tentative attempt to construct the system of witness's evidence exemption that conforms to the situation in our country, based on the analysis about the moral defect in the legislation about the witness's liability of giving evidence in our country.