证人出庭作证制度之冷思考

Reflection of the System of Witness Appearing in Court for Evidence

新的刑事诉讼法草案中借鉴西方先进制度理念,对证人出庭作证制度进行了完善,规定了证人强制出庭制度、证人经济补偿、证人保护等。但是,由于我国几千年来“厌讼”的传统,及出于对人身、财产安全等利益的考虑,证人较少选择出庭作证。因此,在完善该制度时,必须认真研究我国的基本国情,从证人角度出发,得到群众的认同,引导证人走上法庭。

The draft of criminal proceedings law that has been proposed recently, uses the concepts on western advanced systems for reference, ameliorates the system of witness appearing in court for evidence to perfection, ordains the systems of obliging witness to appear in court, retrieving witness economically and protecting witness＇ s safety. However, our country has had a tradition of detesting litigations for thousands of years. As a result, few of witnesses are willing to appear in court for evidence in view of their own safety of persons and belongings. Therefore, we have to investigate and research the basic situation of our country in earnest when this system is being perfected constantly. The law would be recognized by the masses and lead witness to go to court.