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从广义上讲,一切能够证明案件事实的第三人都可以作为证人,污点证人也被包含在内。然而由于各种考量,导致了此类证人作证的不彻底性。法律规定国家有强制取证的权力,但是法律也同时规定了反对强迫自证其罪。打击犯罪与保障人权是刑诉法的追求所在,为了平衡二者之间的冲突,一些国家建立了污点证人豁免制度,当然,我国并在其中。本文拟从对污点证人概念的界定入手,探析具有中国特色的污点证人作证豁免制度。
Broadly speaking, all third parties who can prove the facts of the case can be witnesses and tainted witnesses are also included. However, due to various considerations, it has led to incomplete testimony of such witnesses. The law stipulates that the state has the power to collect evidence, but the law also stipulates the objection to forcing self-incrimination. Fighting crime and safeguarding human rights are the pursuit of the Criminal Procedure Law. In order to balance the two conflicts, some countries have established a system of exempting stain witnesses, of course, in which China is. This article intends to start from the definition of the concept of tainted witness, and analyzes the system of exempting witness of tainted witness with Chinese characteristics.