让证人不再沉默——对我国刑事诉讼中证人出庭作证制度的思考

Making Witness not to be Reticent Any More "the thinking on the witness appearing in court to testify system of our country criminal suit"

我国刑事诉讼中证人拒证现象普遍存在,严重制约了刑事审判方式改革,妨碍了诉讼目的实现。应在借鉴国外立法及司法经验的基础上,根据我国国情,通过立法对证人的权利和义务加以明确规定,建立诸如证人法律保护、证人出庭经济补偿、证人作证豁免权、证人宣誓等一系列配套措施,完善我国刑事诉讼中的证人出庭作证制度。

<Abstrcat> The phenomena of witness refusing to testify generally exists in the criminal suit of our country, which has restricted the criminal adjudication method reform seriously and hindered the lawsuit purpose from realizing. According to the foundation of legislating abroad and judicial experience for reference, the national conditions of our country, define the regulation through the right and obligation legislating to verify people should be defined, a series of supplementary measures such as witness' legal protection, economic compensation, witness' testimony immunity, witness making vow etc. should be set up. So the testimony system can be perfected in the criminal suit of our country.