庭审实质化背景下证人等四类人员出庭作证制度研究——以江苏省南通市证人等四类人员出庭作证为例

A Study on the System of Appearing in Court as a Witness in the Background of Substantive Trial——Take four types of witnesses in Nantong City, Jiangsu Province as evidence

证人等四类人员出庭作证是庭审实质化的重要举措和要求,刑事诉讼法亦有相关规定,实务中也进行了有益的探索和实践。我国四类人员出庭作证存在具体范围模糊、出庭率低、保护制度不健全、证言稳定性差等问题。本文拟通过明确出庭作证案件范围;建立和完善保护救济配套制度、强制出庭制度;遏制和打击串供和翻证现象等途径完善四类人员出庭作证制度。

Witnesses and other four types of personnel to testify is an important measure of substantive trial and requirements, the Criminal Procedure Law also has the relevant provisions, the practice also has carried out a useful exploration and practice. China＇s four categories of people appear to testify the existence of a specific scope of vague, attendance rate is low, the protection system is not perfect, testimony stability and other issues. Suggestions targeted, the right medicine, refine and clear court to testify the scope of the case,the establishment and improvement of the system of protection and relief, which forced court system to curb and combat string supply and reversion phenomenon.