摘要
证人出庭作证是刑事审判程序的重要环节,在司法实践中,出庭难、出庭率低成为难以解决的顽症痼疾,给司法公正和权威造成消极影响。修改后的刑诉法对我国证人出庭制度作了重大修正,但在适用过程中仍存在较多困境,需要在证人保护、强制证人作证等方面进一步加以完善,为确保证人积极出庭作证,应从正反两个层面规定若干促进机制。
The appearance of the witness at court is practice, it's so difficult to have the witness appear influence to judicial justice and authoritativeness. an important part in the criminal trial procedure. In judicial at court that the rate proves very low, resulting in negative The revised criminal procedure law of China has made significant corrections on witness system, but in the application process we still face many institutional predicaments which need further improving including witness protection and compulsory witness. To ensure that the witness testifies in court, encouraging mechanism should be set up from both positive and negative aspects.
关键词
刑事证人
出庭作证
促进机制
制度困境
criminal witness
testify at court
encouraging mechanism
institutional predicament