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脆弱证人一般包括儿童与身心不健全的脆弱成年人。由于传统质证规则的对抗性,脆弱证人容易陷入困惑而无法进行有效的质证。为提高脆弱证人提供证据的质量,提升质证的效果,有必要规定脆弱证人的特殊庭审质证规则。从比较法的视野来看,相关国家关于脆弱证人在质证主体、方式和内容上的特殊质证规则值得借鉴,尤其是英国的中间人制度,在司法实践起到良好的质证效果。在我国,刑事诉讼法对脆弱证人缺乏相应规定,实践中脆弱证人质证存在无法质证、无效质证和无序质证等三无问题,理论界对脆弱证人作证制度尚缺乏系统的研究。推进以审判为中心的诉讼制度改革,完善脆弱证人庭审质证规则势在必行。
Vulnerable witnesses generally include children and vulnerable adults with poor health and well-being. Due to the confrontation of the traditional rules of evidence, vulnerable witnesses are easily confused and can not conduct effective cross-examination. In order to improve the quality of evidence provided by vulnerable witnesses and enhance the effectiveness of cross-examination, it is necessary to provide for special witnessing rules on the trial of vulnerable witnesses. From the perspective of comparative law, it is worth learning from the relevant countries’ special rules on the quality of the witness in the cross-examination of the subject, method and content of the cross-examination. In particular, the British system of intermediaries plays a good role in cross-examination in judicial practice. In our country, the Criminal Procedure Law lacks the corresponding provisions for the vulnerable witnesses. In practice, there are three problems of the invalid witness testimony, the invalid testimony and the unorganized testimony. The theoretical research on the testimony of the vulnerable witnesses lacks systematic research. It is imperative to promote the reform of the litigation system centered on trial and to improve the rules on trial witnessing of vulnerable witnesses.