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清代立法中关于人证制度的规定有限制证人资格与赋予证人免证权的内容,立法的目的在于维护传统的家族伦理、社会等级秩序及发现案件真实。实践中的证人作证与立法规定有一定的差距,表现为立法的限制多为实践所突破。原因在于立法要维护的伦理价值在实践中让位于司法官员追求的发现真实的价值。立法与实践对于证据运用中的价值平衡并不一致。
The provisions on the system of witness permit in the legislation of the Qing Dynasty restricted the qualifications of witnesses and the contents of giving witnesses the right of non-disclosure. The purpose of legislation is to safeguard the traditional family ethics and social order and to discover the truth of the case. There is a certain gap between the testimony of witnesses and the legislative provisions in practice, which is manifested in that the limitation of legislation is mostly broken by practice. The reason is that the ethical value to be protected by legislation gives way to the real value of the discovery pursued by judicial officials in practice. Legislation and practice are not consistent with the balance of value in the application of evidence.