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我国法律法规明文规定,刑事案件现场勘查中须有见证人参与。见证人规定在提高证据的法律效力,规范现场勘查人员行为,体现侦查活动的公开性方面有重要意义。然而在实际操作中,见证人规定存在诸多问题,如见证人选取难度大,见证人素质值得考虑,涉案保密问题未得到解决,成本高昂。改革见证人规定,应由法律限定见证人的构成主体,即限定法院一般工作人员或审判员成为见证人构成主体,对现场勘验的人和事进行监督,在实践中不断探索完善见证制度,最后形成完备的见证体系。
China’s laws and regulations expressly stipulate that witnesses must be involved in the on-the-spot investigation of criminal cases. Witness provisions in enhancing the legal validity of evidence, regulating the behavior of site survey personnel, reflect the openness of investigation activities of great significance. However, in practice, the witness stipulates that there are many problems, such as the difficulty of witness selection, witness worthy of consideration, the issue of confidentiality involved is not resolved, and the cost is high. The reform of the witness stipulates that the body of the witness should be limited by the law, that is, the general court staff or judges should be limited to form the main body of the witness, to supervise the people and things on site investigation, to constantly explore and perfect the witness system in practice, Finally formed a complete system of testimony.