刑事证人不出庭作证制度研究——证人问题研究的新视角

Research on the System of Criminal Witnesses' Absence in Court to Testify——a New Research Angle of Witness Problem

在我国刑事诉讼改革的进程中,证人出庭问题始终是个不容回避的问题。它对我国庭审方式的改革和一系列相关制度的建立和完善有举足轻重的作用。而当前我国对证人出庭问题的研究明显存在偏差,没有区分不出庭证人的具体情况,忽视证人不出庭价值的研究和证人不出庭制度的完善。本文没有具体论述证人不出庭的制度,只是引出问题解决的思路,起个抛砖引玉的作用。

In the process of criminal lawsuit reform in China, it is always an unavoidable question as to whether witnesses should appear in court. It is crucial to our country＇s reform of methods of court interrogation and the establishment and improvement of a series of correlative systems. However, the current research on witnesses＇ absence is still disadvantageous in that the specific situation of witnesses＇ absence is not differentiated, that the research on the value of such absence is neglected, and that the system of such absence is imperfect. By proposing some thoughts about the solution to such problems without a detailed expounding the system of witnesses＇ absence in court, this paper only serves as an introduction to attract more valuable opinions.