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目前,多数学者认为只要是案件的知情者,均可以作为证人提供证言,为使人民法院尽可能地获取证据,迅速查明案件的事实真相,允许如此广泛的公民作为证人出庭作证,使证人拒绝作证特权制度在学术界及立法上失去了应有的地位。本文拟从西方国家对证人拒绝作证特权规则的概念、特征、主体内容进行分析,并纵观我国历史上关于证人拒绝作证特权的立法及现状、特征,及让我国证人拒绝作证制度现行相关法律制度现状,浅议构建我国证人拒绝作证特权制度的必要性及构建方案。
At present, most scholars think that as long as the insiders of the case can provide testimony as witnesses, in order for the people’s court to obtain evidence as much as possible, quickly ascertain the facts of the case, allow such a wide range of citizens to appear as witnesses in court to testify, The privilege system of testimony has lost its due status in academia and legislation. This article intends to analyze the concept, characteristics and subject contents of the prerogative rules of witness refusing to testify from the western countries. Also, the paper reviews the history, the legislation on the prerogatives of witnesses to refuse to testify, their characteristics, and the relevant legal system that allows our witnesses to refuse to testify Status quo, on the construction of China’s witnesses refused to testify the privilege of the system and the need for building programs.