重建法治信用:解决证人拒证的理论视角

Rebuilding the Credit in Rule of Law:A Theoretical Perspective of the Solution to the Witness's Refusal to Give Testimony to the Court

在我国的司法实践中,证人拒证现象的普遍存在,不仅严重妨碍审判活动的正常进行,而且对我国法治建设的进程也产生了极为消极的影响。从法治信用缺失的角度分析证人拒证的原因,提出通过重建法治信用解决证人拒证问题的基本思路。

In the judicial practice of China, it is not uncommon to see the witness＇s refusal to give testimony to the court. It not only seriously hinders the judicial activities, but also exerts negative influence to the law construction advancement in our country. This paper is, by analyzing the prevalent phenomenon of the witness＇s refusal to give testimony to the court in today＇s China, attempting to find out its profound causes from the unique perspective of lack of the credibility in rule of law. Considering the current national condition in our country, the paper proposes that we solve the problem by rebuilding the credibility in rule of law.