关于证人制度的比较与思考

政治制度、法律传统不同的各国,其证人制度也存在着较大差别。对不同国家的证人制度进行比较研究,有利于借鉴国外立法精华,完善我国的证人制度。本文针对证人的资格与范围、证人的权利、证人的义务、证人保护制度等证人制度的法系理论和司法实践,对照英、美等国法系和大陆法系各主要国家实行证人制度的理论依据和实际运作方式,比较研究了我国的证人制度。

Brief Analysis on the Right of Privacy in a Perspective of Law and Economic

The development of the technology of network had been of great convenience to get access to information. However, it was undeniable that a bad phenomenon had become even more and more serious that others＇ information would be obtained by illegal means, and the research on the protection of privacy had increasingly aroused people＇s concern. The right of privacy not only had the usually outside personality characteristics, but also had a certain characteristics of property. This paper had attempted to study the right of privacy from the perspective of law and economics by interpreting the property in the right of privacy, in order to perfect the protection system of privacy in our country.