论我国证人询问制度的改革与完善

Research on the Reform and Improvement of the Witness Examining Rules

2012年新《刑事诉讼法》强化了证人出庭作证的义务,但是对于证人出庭后如何对其进行询问仍未予规定。域外对于证人出庭后对证人进行询问有交叉询问与职权询问两种规则,我国虽有司法解释对此进行补充,但是较为粗糙,实践中也难以适用。随着出庭证人数量的增加,证人询问制度的改革与完善将越来越体现出其重要性。

The new criminal procedure law in 2012 emphasize that the witness shall be present in the court when necessary. However it hadn＇ t make details about the rules of witness examining. In other countries cross - examination and examined by authority are the two tbrms of the witness examining rules. Some judicial interpreta- tions can be a supplement to the rules, but they are relatively rough and difficult to apply in practice. With the in- creasing number of witness who will present in the court, the reform and improvement of the witness examining rules is of great significance.