试论我国刑事诉讼证人制度的完善

On the Improvement of Regulations about Witness of Criminal Procedure

由于立法和司法上的原因 ,我国刑事诉讼中的证人制度建设严重滞后 ,证人不愿或拒绝出庭作证等现象十分普遍。为推动我国刑事诉讼制度改革的深入 ,就必须在分析我国刑事证人制度存在的缺陷基础上 ,提出具体的完善的对策 ,如改革证人作证制度、建立证人拒证制度、完善证人保护制度、建立证人经济补偿制度、建立证人宣誓制度、建立证人社会服务制度等。

Because of some legislative and juridical reasons, the regulations about witness in the criminal procedure system of our country lag behind those of Western countries greatly. Many witnesses are reluctant or refuse to give testimony before judges. In order to deepen the reforming of criminal procedure system, we should analyze the defects of the regulations about witness, and therefore advance some perfect measures to deal with them. The measures are as follows: first, improving the regulations about giving testimony and safeguarding witness; second, establishing regulations about witnesses' swearing and some privileges such as refusing to give testimony and gaining economic and social help.