让证人走向法庭——刑事案件证人出庭作证制度研究

Get Witnesses to the Court—A Study on the System of Witnesses Appearing in Court in Criminal Cases

证人出庭作证是审查证人证言的需要,是司法礼仪的需要,是被诉方行使质证权的需要。但在我国由于公民法律意识淡薄,相关法律规范有缺漏,司法人员能动性和积极性发挥不足,刑事证人不出庭成为常态,出庭率极低。因此,必须对法律作出一系列修改,使证人的权利义务趋于平衡,为证人出庭创造良好的条件,最终让证人走向法庭。

To get witnesses to the court is required by judicial decorum and necessary for the examination of witness＇ testimony as well as for the charged to cross - examine the testimony. Owing to many factors such as citizens＇ weak law awareness and the loopholes in relevant laws, it is not unusual for witnesses in criminal cases not to appear in court in China. To create good environment for witnesses to appear in court and finally get them to court, relevant laws should be revised to balance the duties and rights of witnesses.