通过分析,将我国的刑事诉讼模式归结为由证人和控、辩、审四者共同参与的群体博弈,并指明证人在该模式中所处的困境。运用博弈矩阵研究了基于亲属、职业、公务等关系和基于“不自我归罪”两种情况下的博弈结果,指出,只有赋予证人证言拒绝权才能使四者利益得到均衡,才是诉讼博弈的最优策略。 Through the analysis, the criminal litigation model in our country is reduced to the group game in which the witnesses and the accused, the defense and the trial participate together, and the dilemma of the witness in this mode is pointed out. This paper uses the game matrix to study the game results based on the relationship between relatives, occupation, civil service and the two cases based on “not self-incriminating”, and points out that it is the litigation game that only the witness’s testimony can be rebutted to balance the interests of the four parties The optimal strategy.