我国刑事诉讼证人特免权研究.doc

天津工业大学 学年论文 我国刑事诉讼证人特免权研究Abstract Witness is one of the people who were involved in criminal proceedings. As far as the testimony of witness, it is one of evidences of the statutory provisions of the Code of Criminal Procedure and it is the key evidence in the majority of criminal cases. And it also plays an important role in the court testimony. Witnesses in criminal proceedings is important to participate in the proceedings, the testimony of witnesses is very important evidence. In our country criminal proceedings, in almost every case the treatment will depend on the participation of witnesses, almost every case will use the testimony of witnesses as the basis for a final decision. As the development of Chinas market economy and democracy, the proceedings disadvantages of original witnesses in criminal increasingly show that we must reform the current unreasonable witnesses system and learn from others Successful experiences and practices to achieve being fair to the largest extent. We will improve the legislation as a witness on the overall sound system to provide a strong guarantee for the country. Witnesses to testify in court trial system is the basic requirement is to ensure that the basic measure of justice. However, in Chinas judicial practice, the witness to testify in court the situation is worrisome; the overwhelming majority of witnesses were reluctant to testify in court. Law enforcement has become a major factor brought significant disadvantages in criminal proceedings. Therefore, this paper only describes Chinas current system of witnesses in criminal cases and improving the status of our witnesses and other aspects of the system. Key words: witness; law; system of witness; innovation; 目　　录 前言 1 第一章 我国刑事诉讼证人制度的现状 2 1.1证人资格的确立 2 1.2有限的证人免证制度 2 1.3证人出庭制度的确立 2 第二章 我国刑事诉讼证人制度的缺陷及分析 3 2.1我国刑事诉讼证人制度的缺陷 3 2.1.1证人范围 3 2.1.2警察出庭作证没有被确立 3 2.1.3证人出庭 3 2.2刑事诉讼证人制度缺陷的原因分析 4 2.2.1．立法上的原因 4 2.2.2．观念上的原因 5 2.2.3．司法上的原因 5 第三章 完善我国刑事诉讼证人制度的建议 5 3.1完