中国宪法保障报告和证人当面对质嘛? Confrontation clause是美国法律(习惯法体系)的根基之一,
为此美国宪法中著名的权利法案的第六条(6th amendament)专门作了规定。
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
说白了就是被告有权和证人当面对质,这也就是电影电视中经常看到的所谓的cross exam, 否则证词无效。不知道中国是否有类似的法律规定。
