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随着我国犯罪形势的日益严峻,尤其是职务犯罪、高科技犯罪以及恐怖犯罪等侦破难度大的刑事犯罪越来越多,为了破解打击犯罪中遇到的证据难题,有必要确立中国的污点证人制度。从实体法角度看,可以考虑在一些犯罪性质恶劣、社会危害性大、犯罪手法隐蔽性强、调查取证存在严重困难的案件中引入污点证人制度。从程序法角度讲,采用污点证人的案件要坚持必要性原则和利益权衡原则,不能滥用此制度,使得一些人逃脱犯罪的处罚。
With the increasingly serious crime situation in our country, especially criminal crimes such as job-related crimes, high-tech crimes and terrorist crimes that are very difficult to be detected, more and more criminal cases are needed to crack down the evidence problems in the crackdown of crimes and it is necessary to establish China’s tainted witness system. From the perspective of substantive law, the system of tainted witnesses may be introduced in some cases where the nature of crimes is harsh, the society is harmful, the concealment of criminal means is strong, and there are serious difficulties in the investigation and evidence collection. From the perspective of procedural law, cases involving tainted witnesses must uphold the principle of necessity and the trade-off of interests and should not abuse this system so that some people escape the punishment of crimes.