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在刑事诉讼程序中授予某些证人隐名,是国际法庭和西方国家普遍的做法。证人隐名是投入资源最少,往往也是最为有效的保护证人安全与隐私利益的举措,是建立证人出庭制度的重要一环。允许证人在作证时不披露身份,可能会影响被追诉人质证权的行使,损害被追诉人接受公正审判的权利。为此,国际社会与各国设立的证人隐名制度,通常都设计了较为详细的证据规则与程序保障机制,以实现被追诉人与证人之间的利益平衡。了解证人隐名制度的运行状况与其中蕴含的价值选择,有助于我国证人出庭制度乃至庭审制度的借鉴与改革。
The granting of some witnesses anonymity in criminal proceedings is a common practice in international tribunals and in Western countries. Awareness of witnesses is a measure of minimum and often, and most effective, protection of the security and privacy interests of witnesses, and is an important part of establishing a witness appearance system. Allowing witnesses not to disclose their identity during the testimony may affect the exercise of the right of witness to testify and undermine the right of the accused person to a fair trial. To this end, the system of anonymity of witnesses set up by the international community and other countries usually designs more detailed rules of evidence and procedural safeguards so as to achieve a balance of interests between the accused and the witnesses. Understanding the operation status of the witness anonymity system and the value choices contained therein will be helpful to the reference and reform of the witness system in our country and even the court trial system.