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公正与效率统一、利益权衡原则、教育刑和目的刑以及分化原则分别构成了污点证人豁免制度的价值基础、思想理念基础和刑事政策基础。本文指出我国目前还没有关于污点证人豁免的相关规定,应从污点证人资格规则、豁免种类及建立适当的程序机制等方面来构建我国的污点证人豁免制度。
The unity of fairness and efficiency, the principle of trade-off, the principle of punishment of education and the purpose of punishment as well as the principle of differentiation respectively constitute the value basis, the ideological concept and the criminal policy basis of the system of exempting witnesses of tainted witnesses. This article points out that there is no relevant regulation on the exemption of tainted witness in our country at present. The system of exemption of tainted witness in our country should be constructed from the rules of tainted witness qualifications, types of waiver and establishment of appropriate procedures and mechanisms.