文化道德视角下的刑事诉讼证人作证审视

An Overview of Witness Testifying in Criminal Lawsuit from the Perspective of Culture and Morality

刑事诉讼中证人不出庭作证的原因,既有宏观上的法律体制因素,又有证人内心深处文化道德因素,而对后者的研究却很少引起学术界的重视。

In criminal lawsuit the reasons of witness refusing to testify in court include macro factors of the legal system and witness＇ internal factor of culture and morality. The latter is often neglected in academic circle. Therefore, this paper gives a critical overview to the system of witn spective of culture and morality, analyzes the factors of culture and ess testifying in criminal lawsuit from the permorality which plays a limited role in witness protection and offers proposals to improve the system of witness from the aspects of cultivating citizens＇subject consciousness, participation awareness and rule of law awareness.