道德是法律的重要内涵和制定依据 ,法律不能离开道德而存在 ,存在严重道德缺陷的法律既不能得到人们的认同 ,也承担不起将社会引向法治的重任。我国刑事诉讼法对证人作证义务的规定过于僵化、绝对 ,严重忽视了对我国民众亲情伦理道德、职业道德和人性道德的维护 ,存在着明显的道德缺陷。而对基本人性、道德的违背也决定了其无法在我国长期适用下去。本文拟在对我国证人作证义务立法的道德缺陷进行分析的基础上初步尝试构建适合我国国情的证人免证制度 Morality is an important connotation of the law and a basis for its formulation. Law can not exist without morality. The law that poses serious moral defects can not be recognized by people nor can it bear the heavy responsibility of bringing society to the rule of law. The criminal procedure law of our country regulates the witness’s obligation of providing evidence too rigidly. It absolutely and seriously neglects the maintenance of the morality, professional ethics and humanity morality of our relatives in our country. There are obvious moral defects. The violation of basic human nature and morality also determines that it can not be applied in our country for a long time. Based on the analysis of the moral defects in the legislation of our country’s witnesses to testify, this article tries to establish a system of witness-free testimony suitable to our national conditions