浅析强制证人出庭作证制度——兼评《刑事诉讼法修正案(草案)》的相关规定

On the System of Forcing the Witness to Testify in Court——On relative regulations of the draft amendments to the Criminal Procedure Law as well

证人出庭作证是实现实体公正和程序正义的双重要求,在我国司法实践中普遍存在证人不出庭作证的问题。为解决这一问题,刑诉法修正案(草案)(以下简称《修正案草案》)中确立了强制关键证人出庭作证制度,然而这一规定能否顺利转化为实践中的法则还有待时间的验证。只有对该制度本身存在的问题进行相应完善,并辅以各方的共同努力才能充分发挥其保障司法公正的重要作用。

Witness testification in court is the dual requirement of achieving both substantial justice and procedural justice. In Chi- na, it has been a universal problem in judicial practice that witness did not present at courts. To solve this problem, the system of forcing the witness to present in court to testify is established in the draft amendments to the Criminal Procedure Law （referred to ＂draft a- mendments＂ ）. However,whether it can be turned into ntles in practice or not remains unknown. It can be used for assuring judicial jus- tice only by improving some defects in this system and efforts from all parts.