我国证人出庭作证制度立法缺陷的原因

The Legislative Defects and Reasons on the System of Appearing in Court to Witness in China

我国当前的证人出庭作证制度存在着明显的立法缺陷,如强制证人出庭作证制度尚未得到确立,证人的拒证权也未从立法上予以明确,对于证人出庭作证费用的补偿和对证人及近亲属人身、财产安全的保护缺乏明确而详细的规定等等。造成这种状况的原因主要有:对传统旧法认识上的偏差;整体传统思想文化被发展到极致;程序正义的法文化底蕴极其孱弱等等。

There are obvious legislative defects of the system of appearing in court to witness in China, such as the system of the witness's compulsory appearance in court is not established, the right of refusing to appear in court as a witness is not pinpointed, the compensation for the witness's appearance in court, the protection for the witness and his or her relatives in the aspect of their personal safety and property safety is not regulated clearly and particularly. The main reasons are the following: the deviation from understanding traditional laws, excessive emphasis on the traditional ideologically culture as a whole, the weakness of law culture in procedural justice.