浅议刑事诉讼中的证人证言与证人出庭作证

On the Testimony of the Witness and the Wetness to Appear in Court to Testify in Criminal Lawsuit

证人证言作为法定的刑事证据在刑事诉讼中被广泛应用,证人证言同其他言词证据相比客观性更强;与物证书证相比,更为生动具体,证人证言在刑事诉讼中具有重要的地位和意义。刑事诉讼法规定,用作证据的证人证言应经当事人质证,证人应出庭作证。而在司法实践中,证人证言与证人出庭作证常常面临一些尴尬的境况。

The testimony of the witness is widely accepted as criminal proof in criminal lawsuit.The testimony of the witness is comparatively more objective than other testimony;it is also more vivid and objective material and writing evidence,so it plays an import role in criminal lawsuit.As is required by the criminal law,when the testimony of the witness is accepted as an evidence,it should be proved by the witness himself or herself,and the witness should appear in court.However,in the practice,the testimony of the witness and the appearance of the witness are often in dilema.