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引进污点证人作证豁免制度在学界已达成共识,但究竟是实行罪行豁免还是证据使用豁免却有争论。通过分析这两种豁免形式的利弊,并结合中国国情,提出中国宜采用有限的罪行豁免的主张。
There has been a consensus in the academic community on the introduction of a system of exemption of testimony against tainted witnesses. However, it is controversial whether the exemption from crime or the exemption from evidence should be used. By analyzing the pros and cons of the two types of exemptions and combining with China’s national conditions, it is proposed that China should adopt a limited crime immunity.