论文部分内容阅读
污点证人主要适用于隐蔽性高、有组织犯罪等严重危害国家安全的案件。在我国,虽然法律没有赋予其合法性,但在司法实践中污点证人制度其实已被广泛运用。我国具有建立污点证人制度的理论基础,在明确其证人性及不能强迫自证其罪的权利的前提下,才能从适用范围、适用对象、适用条件、程序启动和对其保护等方面进行制度建构的探讨。
Tainted witnesses are mainly applied to cases of serious concealment and organized crimes that seriously endanger national security. In our country, although the law does not confer its legitimacy, in fact, the system of tainted witness has been widely used in judicial practice. China has the theoretical foundation to establish the system of tainted witness, and on the premise of clarifying its witness nature and the right not to compel self-incrimination, can we construct the system from the aspects of its scope of application, applicable object, applicable conditions, procedure initiation and its protection Discussion.