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法国受援助证人是指在预审程序中,虽然受到共和国检察官、被害人、证人或者是预审法官本人指控,但尚不能或不宜对其适用犯罪嫌疑人程序的人。该制度是基于无罪推定原则,为了平衡查明犯罪事实和保障当事人正当权益两种需要而创立的。在法国预审程序中,受援助证人既未被冠以“罪人”恶名,又被赋予了犯罪嫌疑人所享有的大部分辩护权。同时,该制度也赋予预审法官一定程序的自由裁量案件发展方向的余地。受援助证人制度具有一定的价值和意义,我国具有借鉴该制度的动因,应从立法和司法实践两个层面适当借鉴法国受援助证人制度。
French Aided Witnesses refer to persons who, during the pre-trial proceedings, are unable or unfit to apply a criminal suspect procedure despite being charged by a prosecutor, victim, witness or pre-judge of the Republic. The system is based on the principle of presumption of innocence, in order to balance the identification of criminal facts and protect the legitimate rights and interests of both parties and the need to create. In the French pre-trial proceedings, aided witnesses were neither notoriously labeled as “sinner”, but also given the majority of the rights of the criminal suspects. At the same time, the system also gives the pre-trial judge a certain degree of freedom in the development of discretionary cases. The aid witness system has some value and significance. Our country has the motivation of drawing lessons from the system, and should draw lessons from the French aided witness system from two aspects of legislation and judicial practice.