在受贿案件中,对待污点证人的问题是侦破案件的关键,同时也是难点。污点证人的法律定性是至今没有解决的一个问题,影响到案件侦查过程中的操作合法性。建议通过立法,设立“豁免请求权人”制度,从程序的角度对污点证人取证的合法性进行有力的保障。 In bribery cases, the treatment of the spot witness problem is the key to solving the case and is also a difficult point. The legal characterization of tainted witness is a problem that has not been solved so far, which affects the legitimacy of the operation of the case investigation. It is suggested that legislation should be adopted to set up a system of “immunity of claim holders”, and a strong guarantee for the legitimacy of the stain witness's evidence collection should be given from a procedural point of view.