论清末民初的人证制度

人证制度是清末民初时期证据制度的重要内容。同传统的人证制度相比 ,清末民初的人证制度出现这样一些变化 :证人不再是依法可以拷讯的对象 ;证人若具备特殊情形 ,其拒绝作证完全是一种权利 ,而非是权利与义务的统一 ;证人若具备特殊职业身份亦可以免予作证 ;证人依法享有一定的物质补偿权 ;对证人伪证行为的打击不再限于众证定罪案件中的作伪行为 ,并且应以证人被告知伪证的后果为前提。这些变化适应了清末民初司法审判由口供裁判主义向证据裁判主义转化的要求

On the Witness System of the Late Qing Dynasty and the Early Republic of China

The witness system, which was an important part of the ev idence system of the late Qing Dynasty and the early Republic of China, had some changes: the witness coul d not be excruciated; refusal to bear evidence was his right if he had a special status; he could be exempted from bearing evidence if he was in a special profession; he had the right to cla im material compensation according the law; the perjurer could only be penalized on the pre- condition that he was informed of the consequences of such an act. All these changes adapted to th e requirements of the shift to judgment based on evidence from that based on confession in the late Qing Dynasty and the early Republic of China.