刑事诉讼证人义务的法理学思考

Jurisprudence Thinking of the Obligations of Witnesses in Criminal Proceedings

我国刑事诉讼法规定:"任何知道案情的人都有作证的义务。"为保障刑事诉讼的顺利进行,国家立法以及学者研究都在努力通过各种措施维护证人权益,包括人身保护和经济补偿等,但证人面临权益受损的潜在威胁是不可忽视的,在这种情况下,法律将作证作为了解案情者的法定义务,应当找出其法理依据。

China＇s Criminal Procedure Law stipulates： ＂Anyone know the facts of the case have the obligation to testify.＂ To safeguard the smooth conduct of criminal proceedings, the state legislation, as well as research scholars in their efforts through a variety of measures to safeguard the interests of witnesses, including habeas corpus and economic compensati- on, but a witness facing a potential threat to the interests of them can not be ignored, in which case, we should find out the legal basis of which testify as a statutory obligations to people who know the facts of the case.