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证人证言作为我国刑事诉讼法规定的七种法定证据之一,在我国刑事证据体系中占有重要位置。不论是英美法系还是大陆法系,证人证言都是应用最为广泛、最为普遍的一种证据。基于各个国家历史传承社会发展经济基础的不同,两大法系虽有部分相通,但是还有许多不同之处。本文以两大法系的比较为主线,通过深入剖析两大法系非法证据、拒绝做证权、证人宣言等制度,发现乃至于完善我国相关立法的不足之处。
Witness testimony as one of the seven kinds of legal evidence stipulated in the Criminal Procedure Law of our country occupies an important position in the criminal evidence system of our country. Both Anglo-American legal system and civil law system, witness testimony are the most widely used and the most common kind of evidence. Based on the historical basis of the economic development in different countries that inherit social development, although there are some commonalities between the two legal systems, there are still many differences. Based on the comparison of the two legal systems, this article analyzes the inadequacies of our country’s relevant legislation through in-depth analysis of the illegal evidences in the two legal systems, the system of rejecting the right to witness, the declaration of witnesses, and so on.