论刑事诉讼法中证人拒绝作证制度的构建

证人拒绝作证制度能够反映人类价值取向，特别是对人权和秩序价值的追求，期待可能性是其理论基础。最早在我国秦代已有相关制度，而当今世界许多国家刑事诉讼法典中或证据立法中对证人拒绝作证制度均有明确规定。在我国刑事诉讼法中构建证人拒绝作证制度有利于保障人权，保护无辜，完善法律。

Study on System Construction of Witness Declining to Testify in Criminal Procedure Law

The system of witness declining to give evidence is able to reflect human being value, especially their pursuit of human rights and order value. The rationale expecting possibility is the foundation of its theory. As early as in Qin dynasty in China, the relevant system started, and in a lot of countries nowadays the system of witness declining to give evidence is clearly stipulated in criminal procedure law or evidence legislation. To construct the system of witness declining to give evidence is beneficial to guaranteeing human rights, protects the innocent and perfects laws in criminal procedure law in China.