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污点证人作证豁免在本质上表现为一种司法交易,该制度可以提高案件的侦破率,最大限度地消除证人作证之心里恐惧,为获取自愿性证言提供制度保障。但新刑诉法并未对其作出任何规定,法治的呼声亟待我国设立污点证人作证豁免制度,该制度之设计难免伤及实体公正,应对其豁免模式、案件范围、适用程序、配套措施等进行理性设计。
Tainted witness exemption testifies in essence to a kind of judicial transaction, which can improve the detection rate of cases, minimize the fear of witness testifying and provide the system guarantee for obtaining voluntary testimony. However, the new Criminal Procedure Law does not make any provision for it. The voice of the rule of law urgently needs to set up a system of exemption of testimony against tainted witnesses in our country. The design of this system will inevitably hurt substantive fairness and should deal with its exemption mode, scope of cases, applicable procedures and supporting measures Rational design.