刑事证人出庭作证司法现状与问题研究——以河南省为例

A Study on the Judicial Status and Problems of Criminal Witnesses Appearing in Court to Testify——Take Henan Province as an Example

在刑事诉讼中,证人出庭作证的情况不甚理想,而这种情况的出现,不仅是法律规范层面的问题,也是相关制度不完善所导致的。在疑难案件中,证人是否出庭对被告人的定罪量刑有着重大影响,证人不出庭接受控辩双方的交叉询问,则难以查清案件事实,影响案件判决的公允。证人出庭从程序上可以保障直接言辞原则的适用以及被告人对质权的实现,从实体上可以进一步保证事实的查清。司法实践中证人不愿出庭的原因大体分为三类,主观因素、客观因素以及法律缺陷。对症下药,方能有效治疗顽疾。

In criminal proceedings,the situation of witnesses appearing in court to testify is not ideal,and the occurrence of this situation is not only aproblem of legal norms,but also caused by the imperfection of relevant systems.In difficult cases,whether a witness appears in court has a significant impact on the defendant’s conviction and sentencing.If a witness does not appear in court and undergoes cross-examination by both the prosecution and the defense,it is difficult to find out the facts of the case,and the fairness of the case is lost.The appearance of witnesses in court can procedurally guarantee the application of the principle of direct speech and the realization of the defendant’s right to pledge,and can further guarantee the fact-finding in substance.In judicial practice,the reasons why witnesses are reluctant to appear in court can be roughly divided into three categories:subjective factors,objective factors and legal defects.We must find the right medicine to effectively treat chronic diseases.