浅谈刑事证人作证问题

An Elementary Discussion on the testimony of Witness in Criminal Crimes

证人证言是刑事诉讼中应用最为广泛、最为普遍的的证据之一。其真实程度的高低对查明案件事实以及对被告人最终裁决的做出具有至关重要的影响,在某些案件中甚至会成为案件定性的关键性证据。近年来,我国法学界对证据的立法建议颇多,尤其是最高人民法院分别就民事、行政证据做了司法解释后,刑事证据更待立法加以规范。尤其是证人作证方面存在问题较多,主要是对证人的资格、权利、义务以及证人拒证应承担的法律责任等缺少具体的规定,以致于司法机关没有统一的适用标准。

The witness' testimony is one of the most widely and universally used evidence in the criminal procedure. The degree of its authenticity is of great significance to the investigation of the case facts and the final arbitration for the accused. In some cases, the victim's testimony may become the pivotal evidence for the success of a case. In recent years, the law circles in our country have discussed a lot about the legislation of evidence, and especially after the Supreme People's Court made judicial explanations for the civil and administrative evidence respectively, criminal evidence needs to be further legalized and standardized. Many problems arise about the witness' testimony, mainly reflected in the lack of specific stipulations for the witness qualification, rights and obligations, and the legal liabilities in case of witness rejecting to give testimony, which in turn results in a lack of unified criteria for the judicial institutions.