“法院协助”远程作证模式及其证明力研究

Preliminary Research of the Mode of Remote Testimony of “the Court Assistance” and Its Probative Force

证人因路途遥远等原因不能出庭作证,一直是庭审过程中的一大难题。控辩双方的普遍做法是用调查笔录替代证人证言,而一纸笔录非常不利于查明案件事实,其真实性、合法性均得不到保障,证明力较弱。远程作证能够解决这一难题,有助于实现控辩双方的对抗。远程作证的证明力大大高于同等情况下的其他作证方式,它不仅保护控辩双方的权利,还节约社会资源。但现目前远程作证模式多样,着重论述"法院协助"远程作证模式,从取证、查证、质证、认证的角度来分析"法院协助"远程作证模式及其证明力。

Because of the distance and other reasons,witnesses can not testify during the court trials. This has been a difficult point. Usually,witness testimony is replaced by the investigative record of both parties. But the investigative record is unfavorable to find out the truth of the case. The authenticity and reasonability of the evidence can not be guaranteed.This leads to limited probative value of the evidence. The problem can be solved by remote testimony. The egality confrontation between the prosecution and defendant can be realized. Under the same condition,the probative force of remote testimony is much higher. This can not only protect the rights of the prosecuting and defending parties but also save the social resources. At present,there are various modes to testify remotely. The paper focuses on the mode of remote testimony of ＂the court assistance＂. From the perspective of evidence collection,verification,interrogation,attestation,the mode of remote testimony of ＂the court assistance＂and its probative force were analyzed.