证人弹劾制度构建探究

Research on the Construction of Witness Impeachment System

以审判为中心的刑事诉讼制度改革要求完善证人出庭制度,重视证人证言对于庭审的重要意义。作为法定证据种类之一的证人证言兼具重要性和不稳定性等特点,证言可信性有时难以保障。但是在“审判中心主义”下,对证人证言进行质证,以及保证证人证言的可信性至关重要,证人证言的弹劾也成为热议话题。但由于我国尚未确立系统、规范的证人证言弹劾规则,最终弹劾的结果仍然依靠审判人员的自由裁量。故本文通过运用比较研究的方法,对比域外证人弹劾制度,着眼于弹劾证言证明力问题,构建适合中国国情的证人弹劾制度,切实提升证人出庭率,建立以交叉询问制度为核心的证人弹劾制度。

The reform of criminal procedure system centering on trial requires perfecting the system of witness appearing in court and attaching importance to the significance of witness testimony to the trial. As one of the types of legal evidence, witness testimony has the characteristics of importance and instability, so the credibility of testimony is sometimes difficult to guarantee. However, under the “judication-centered doctrine”, it is very important to cross-examine witness testimony and guarantee the credibility of witness testimony, and the impeachment of witness testimony has also become a hot topic. But since our country has not established the system and standard rules of witness testimony impeachment, the final result of impeachment still relies on the discretion of adjudicators. Therefore, through the method of comparative study, this article compares the related articles of witness impeachment in the United States “Federal Rules of Evidence”, focusing on the problem of the probative force of impeaching testimony, building a system of witness impeachment, effectively increasing the rate of witness appearance in court, and establishing an evidence code with a cross-examination system that conforms to China’s national conditions as the core.