刑事诉讼证人保护制度研究

A Research of Witness Protection in the Code of Criminal Procedure

我国《刑事诉讼法》规定:公检法机关有保护证人安全的义务。然而,迄今为止,证人因害怕打击报复而不愿出庭作证的情形仍十分严峻,严重制约着我国刑事司法的改革进程。证人不愿作证有多方面原因,立法对证人的保护存在不足无疑是其中最主要的一项。本文通过对我国证人保护立法的评价分析,尝试对完善证人保护立法提出一点建议。

It is ruled in the Code of Criminal Procedure of China that the bureau of public security, the prosecution service, and the court are all under an obligation to protect witnesses. However, it is often the case that the witness is unwilling to appear in court because he is afraid of being retaliated upon. This phenomenon is holding back the reform of China＇s criminal judicature. Lack of witness protection in legislation is a major cause of the phenomenon. By analyzing and commenting on the present condition of witness protection in China, this article was an attempt to suggest what to do to improve the legislation in this respect.