伪证罪相关问题研究

Several Issues concerning Perjury

认定是否"虚伪"既要看主观罪过,又要看实际危害。"假证人"作虚假证明意图陷害他人或者隐匿罪证的,同样可以构成本罪。在某些公诉案件中,被害人可以作为特殊证人看待,也就可以作为本罪的主体。本罪的成立至少要有抽象的危险结果存在。

Three issues concerning the crime of perjury were discussed in this article including ＂ false statement＂ , ＂whether several special witnesses could be perjurers＂ and ＂ dangerous consequence＂. In our view, ＂ hypocritical＂ shall include both subjective and actual harm, and false statements intending to circumvent other persons or hide the criminal evidence can constitute a crime. In some public prosecution cases, the victim can be regarded as special witness, and thus could serve as the subject of this crime.