我国刑事证人出庭制度缺陷考

My View on the Improvement of the System of the Penal Witness Appearing at Court

刑事诉讼法自1996修订以来,我国刑事证人出庭作证制度方面的缺陷不断显现,现行刑事证人出庭作证制度的合理性备受质疑。刑事诉讼中证人出庭率低,已成为困扰中国刑事司法的一大问题。如今,刑事诉讼法修改已被正式提上议事日程,重新构建一套合理的证人出庭作证综合制度,提高证人出庭作证率,维护刑事审判的公正,已成为法学界关注的焦点问题。

Since the revised penal code in 1996, seen were many problems and defects in the operation of the system of the appearing by the criminal witnesses, resulting in the worries and doubts at large on the rationality of the system. The low rate of the courting-appearing by the penal witnesses became one of the serious problems. Now, it is necessary, since the revision has become a focus of attention and an item on the agenda up to now, for us to build up a reasonable and comprehensive system of appearing-in-court by penal witness, so that to raise the rate of the appearing and to maintain the justice of the criminal try.