从中英两国儿童作证案例看我国证人制度的完善

本文以我国和英国儿童作证案例的对比入手,通过考量不同的证人证言处置方式,进而得出结论:英国证人制度具有完整性、系统性和实践性特征。而我国证人制度由于各方面原因,在理论和实践上都缺乏良好的基础,导致证据规则缺失,司法实践混乱,与现代证人制度相距甚远。在此基础上,笔者提出了应借鉴或参考英国经验来完善我国证人制度的三点建议:重视证人理论研究,不断加强实践运用;借鉴英国证据规则,建立证人宣誓制度;贯彻以人为本理念,完善证人保护制度。

Perfection of Chinese Witness System Viewing from the Cases Witnessed by Children from Britain and China

By contrasting the cases witnessed by children from Britain and China and the different ways of handling the oral testimony, the author comes to a conclusion that the British witness system has the characteristic of integration, systematicness and practice. However, due to various reasons, Chinese witness system lacks of good foundation both in theory and practice, which results in the loss of evidence rules and the disordered judicial practices. Therefore, the author puts forward three pieces of advice: pay more attention to the study of the witness theory and reinforce practical application constantly; establish witness-swearing system by referring to the British evidence rules; carry out the concept of human-centered to perfect the witness-protection system.