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在检察院的工作中查办受贿件案等职务犯罪是必不可少的。但在检察院的侦查活动中,经常会遇到证人拒证现象。证人拒证使检察院在受贿案件侦查工作中难以取证,也会影响工作的顺利开展。证人拒证主要有社会环境的影响、证人自身原因和立法上的不完善这三个方面因素。针对这三方面因素,应本着现有的法律框架为依托,对受贿案件中的证人要采取普法教育为主,并运用询问谋略,引导证人积极作证。同时还要完善立法,建立证人拒证责任追究制度,进一步明确证人安全保障和奖励制度。
In the prosecutor’s office to investigate cases of bribery and other job-related crimes is essential. However, prosecutors in the investigation activities, often witness the phenomenon of witnesses refused. Witness refuses to make the procuratorate difficult to obtain evidence in the investigation of bribery cases, will also affect the smooth progress of the work. The main reasons for the witness’s refusal to testify are the social environment, the witness’s own reasons and the imperfection of the legislation. In response to these three factors, we should rely on the existing legal framework as the basis, and take legal education on bribery cases as the basis. We should also use inquiry tactics to guide witnesses to give testimony positively. At the same time, we must also improve the legislation, establish a system of accountability for witnesses’ refusals, and further clarify the system of safeguarding and rewarding witnesses.