论文部分内容阅读
证人豁免是指当证人依据反对被迫自我归罪特权拒绝作证或提供信息时,国家机关依法采取免除该证人相应的刑事责任或禁止将其所提供的任何证言、信息直接或间接地用来追究该证人刑事责任的方法抵消此项特权,迫使证人作证。这一做法可以追溯到被称之为就起诉提供豁免的英国司法实践(providing“indemnity”againstprosecution)。其后,该做法为美、英、加拿大及我国香港等国家及地区所采纳。我国对于证人豁免的司法实践始于1999年的重庆市綦江虹桥垮塌案。案中,虹桥工程包工头费上利因犯重大安全事故罪被判刑,但其行贿的事实却因其能作为污点证人当庭作证而免予追究。本文中,笔者尝试从模式选择、程序设计以及相关保障等三个层面对我国证人豁免制度的构建进行探讨。
Witness exemption means that when the witness refuses to testify or provide information according to the objection to forced privilege, the state organ shall, according to law, take the criminal responsibility corresponding to the witness or prohibit the direct or indirect use of any testimony or information provided by the witness The method of witness criminal responsibility counteract this privilege and compel witnesses to testify. This practice can be traced back to what is known as providing indemnity againstprosecution. Later, the practice was adopted by the United States, Britain, Canada and Hong Kong, China and other countries and regions. Our judicial practice of witness exemption began in the collapse of Qiaojiang Hongqiao in 1999. In the case, Hongqiao construction contractor fee Shangli was sentenced for major crimes of safety, but the facts of his bribe were exempted from prosecution because he could testify in court as a tainted witness. In this article, the author tries to discuss the construction of China’s system of witness exemption from three aspects: model selection, program design and related guarantee.