刑事诉讼中证人出庭作证的困惑与思考

Puzzle and Thinking about Witnesses' Testimony on the Criminal Prosecution in Court

刑事诉讼证人不出庭作证已成为困扰司法的一大因素,证人在审前所做的陈述在法庭上被大量使用,使得控辩式诉讼流于形式。刑事证人出庭率低,除了司法人员的执法水平和证人的观念因素外,最主要的还是法律制度本身不健全,立法上义务与制裁失衡,缺乏对出庭证人的权益保障措施。应当通过提高公民对作证义务的认识,完善对证人的经济补偿和人身保护制度,确立证人特权和豁免规则等来改变刑事证人出庭难的状况。

The fact that criminal witnesses of criminal prosecution don＇t appear in court to testify is a great factor of disturbing the judicature, because the statement made by the witnesses before interrogation is used massively and thus made the lawsuit in the form of accusation and defiance become a mere formality. Besides the judicial personnel＇s law enforcement level and witnesses＇ concept, the main rea- sons why criminal witnesses have low appearance in court are that the legal system itself is not perfect, the legislative duty and sanction are unbalanced, and that there is the lack of protecting measures for witnesses~ rights and interests. Hence, to change the condition that it＇s hard for the criminal witnesses to appear in court, we should promote citizens＇ knowledge of testimony responsibility, perfect the system of economic compensation for witnesses and personal protection, and establish the witness privilege and the rule of exemption.