证人拒绝作证制度的传统与现代化

On the Traditional and Modern Aspects of Witness Refusing to Testify

由于证人与被证明人之间的某种特定关系,如夫妻关系、律师与当事人的关系、医生与病人的关系等等,要求其作证不仅损害天伦或职业道德,而且其证言可靠性也大打折扣。对此,中国古代便形成了一套完整的以"亲亲相容隐"为核心的亲属之间的举证制度。欧美一些国家在证据制度中也确立了证人拒绝作证制度。证人拒绝作证制度作为一项重要的证据法律制度,对于有效地保护公民人权,捍卫传统的伦理道德无疑有着积极的意义和不可低估的作用。

Owing to the special relationship between witness and witnessed such as husband and wife, lawyer and client, doctor and patient, etc., it is against traditional moral thought and professional morality to ask them to testify and the reliability of their evidence will be decreased. Thus a traditional proof system with'mutual concealment of offenses among the kin' as the core has been formed in ancient China. In some western countries, the system of witness refusing to testify has been set up.