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污点证人制度是刑事诉讼领域中,人权制度是否享受保护的门阀,在犯罪率高的国家,对污点证人的依赖程度更加强于法制环境优良的国家。当下中国对污点证人制度并无专门的立法模式和司法经验,但是目前的自首减免刑罚制度不无是污点证人豁免制度的中国式立法版本,笔者认为适当了解他国的污点证人作证豁免制度有助于厘清我们的制度完善,同时也为将要修订的刑事诉讼法提供素材。
The system of tainted witness is the key to whether or not the system of human rights is protected in the field of criminal procedure. In countries with high crime rates, the degree of reliance on tainted witnesses is stronger than that of countries with a good legal environment. At present, China does not have a special legislative model and judicial experience in the system of tainted witnesses. However, the current system of criminal sanctions is a Chinese version of the system of exempting tainted witnesses. The author believes that having a proper understanding of other countries’ testimony exemption system for tainted witnesses can help To clarify our system is perfect, but also to provide material for the Criminal Procedure Law to be amended.