证人资格若干问题辨析

Debate on Certain Issues of Witness Qualifications

我国证人作证制度存在立法缺陷,主要是证人资格规定模糊,这也是证人出庭难的重要原因之一。当今国际范围内存在两种基本的立法模式:宽泛型和严格型模式。本文从证人资格概念入手,对学界通说有关证人资格要件及其范围等问题提出质疑,并提出一些立法建议。

The system on witness testify in our country existence legislation flaw, which is mainly fuzzy on witness qualifications stipulation, this is also one of difficult substantial clauses. Witness appears in court. Now there have two kind of basic legislative patterns in the international scope： broad and strict pattern. This article obtains from witness qualifications concept, to raises the question on the important document and scope of witness qualifications in educational world, and puts forward some legislative proposals.