“污点证人”的作证豁免制度研究

Study of Exempt System of "Tainted Witness"

"污点证人"的作证豁免作为司法交易的重要体现,不仅有助于检控机关准确高效的取证,还可以令部分犯罪嫌疑人通过与检控机关合作为自己减免罪责。这种合作关系,实际上是司法机关与"污点证人"为实现不同目的进行司法利益交换的结果。"污点证人"作证豁免制度的建立,不仅适应了法制发展的要求,还满足了司法实践活动的需要。所以,构建"污点证人"作证豁免制度既有助于尊重保护人权,又符合我国司法实践要求,是完善我国刑事诉讼法律制度的又一重大进步。

Immunity of witnss for ＂ tainted witness＂ is an important embodiment of judicial deal,since it not only helps prosecuting authorities to get evidence accurately and effciently,but also enables some suspects to palliate their crimes by cooperating with prosecuting authorities. This kind of cooperation is the result of an exchange of judicial benefits between judicial authorities and the ＂ tainted witness＂ for their own purposes. The establishing of exempt system of ＂ tainted witness＂ meet the needs of both the legal development and the judicial practice. As a result,to construct an exempt system of ＂ tainted witness＂ that can not only help value and protect human rights but also satisfy the needs of judicial practice in China is really a great progress concerning the improvement of China’s legislation of criminal procedure.