证人保护制度构建之法律思考

完善的证人保护机制是推行对抗制的刑事诉讼制度的基石。证人能否得到切实保护,不仅在于他们对国家社会秩序稳定的维护作出了多少贡献,更在于因其特殊身份所遭致的特殊风险需要国家的介入。现行的法律未能建构完善的证人保护制度,造成许多刑事案件中没有证人的庭审现状,实有必要明确证人保护的对象和范围、保护机关以及保护程序等,并逐步扩大保护范围,强化对证人权利的救济。

Legal Analysis on the Establishment of the Witness Protection System

The perfect protection of witnesses is the foundation of the rival criminal procedure system. There are reasons for the protection of witnesses, not only because of the contributions they made to the country, but also because of the special risks they suffered, which requires the intervention of the country. The effective witness protection system has not been established under the current legal system, which resulted in the reality that there are no witnesses appearing on trial in many criminal cases. Therefore, it is necessary to clarify the contents of the witness protection, including its subject-matter, scope, protection organs and procedures, so as to enlarge the scope of the protection and strengthen remedies for the rights of witnesses.