论刑事诉讼证人拒绝作证权

On the Privilege of Witnesses Refusing to Testify in Criminal Procedure

证人拒绝作证权是世界许多国家刑事诉讼立法中的重要内容,在我国古代的封建法制中也有所体现。而我国现行的刑事诉讼立法规定证人负有作证的强制义务,仅部分亲属有不被强制出庭作证的权利,至今尚未确立系统的证人拒绝作证权制度。证人拒绝作证权的存在,是刑事诉讼法律价值多元化和社会利益权衡的结果,有其深刻的必然性。因此我国刑事诉讼应当在借鉴古今中外法律相关规定的基础上,对享有证人拒绝作证权的主体范围,以及拒绝作证权的行使和限制等方面作出完善。

The privilege of witnesses refusing to testify is an important institution in criminal procedure legislation of many countries over the world,and it was also reflected in the feudal legal system of the ancient China.The witnesses,however,have the mandatory obligation to testify according to the Chinese current criminal procedure law except a few family members,that is to say,the system of witnesses refusing to testify has not yet been established in our country.The existence of privilege of witnesses,which is the result of pluralism of legal values in criminal procedure and balance of social benefits,has its profound necessity.Therefore,on the basis of lessons from the relevant rules of Chinese and foreign laws in ancient and modern time,our country should make efforts to perfect the privilege of witnesses in criminal procedure in the aspects of subject scope,enforcement and limitations.