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证人宣誓制度在不少国家的诉讼制度中有着悠久的历史。所谓的证人宣誓制度,就是指证人到法庭作证前或作证时所作出的声明或承诺。其目的是通过证人到庭宣誓或虽不到庭宣誓,加大证人责任感和唤醒证人良知的一种司法制度。这种宣誓制度不仅对居民(引用《居民身份证法》用语)树立法律敬仰的信念,而且对增强法庭的庄重和作伪证应承担法律责任的责任意识,具有非常重要的意义。本文试图借引该项制度,结合审判实践,谈谈刑事诉讼警察和检察官宣誓制度之我见。
Witness oath system in many countries has a long history of the litigation system. The so-called witness’s oath system refers to the statement or promise made by a witness before the court gives his testimony or testifies. Its purpose is to provide a system of justice through which witnesses are sworn in or denied court attendance, increasing their sense of responsibility and arousing the conscience of their witnesses. This system of declaration of oath not only sets the faith of law respecting residents (quotation “resident identity card law”), but also has a very important sense of raising the court’s dignity and the responsibility consciousness of assuming legal responsibility for perjury. This article attempts to borrow this system, combined with the trial practice, to talk about criminal prosecution of criminal prosecutors and oath system.