两岸刑事证人出庭作证制度之比较

Comparison of the Criminal Systems of Witnesses Appearing and Testifying in Court across Taiwan Strait

证人出庭作证是保障被告人对质权、保证刑事案件审判质量的客观需要。我国大陆地区长期存在证人出庭难、出挺少的问题,完善证人出庭作证制度也是此次刑诉法再修改的重点内容之一。台湾地区在确定应出庭证人范围、强制证人出庭作证、证人保护与作证补偿、证人拒绝作证等方面的可行性做法,可以为大陆地区进一步完善证人出庭作证制度提供借鉴和参考。

Witnesses shall appear and testify before the court, which is necessary for safeguarding the right of confrontation of the defendants and ensuring the qualities of the criminal adjudications. In the China's Mainland, the problem of witness＇s rarely appearing in court has existed for a long time. Solving this problem is one of the key issues in the re-amendment to the Criminal Procedure Law this time. The feasible approaches in this field in Taiwan, such as defining the range of witnesses who shall appear in court, forcing the witnesses to appear and testify in court, insuring the safety of witnesses, conferring the right to refuse testifying on witnesses, etc, can give necessary references for perfection of the system of witnesses appearing and testifying in court in the China's Mainland.