以需求为中心:对证人出庭认知错位与矫正——以C市E中院一审刑事案件证人出庭为例

On Centrality of Demand:Misrecognition and Correction of Witnesses Appearing in Court

我国刑事案件中对证人出庭总体需求较低,但证人出庭率较高,与国外并无实质差别。我国证人出庭制度虽然因受主客观因素制约存在诸多不足,但总体上构建了合理的司法秩序,控诉权力在一定程度上受到有力制约,起到减少错案的积极作用。根据“以审判为中心”的刑事司法改革政策和证据裁判规则,完善刑事证人出庭制度的重点在于紧紧围绕证人出庭需求和证人出庭必要性对相关制度进行技术性修正。

In Chinese criminal procedure,the overall demand for witnesses to appear in court is low,but the witnesses’attendance rate is high,which has no substantial difference with in foreign countries.Although there are many defects in the system of witnesses to appear in court in China restricted by both subjective and objective factors,a reasonable judicial order has generally been constructed,in which the right to complain is strongly restricted to some extent,and the number of misjudged cases is reduced.According to“trial-centered”criminal justice reform policy and the evidence-judging doctrine,the focus of perfecting the criminal system of witnesses appearing in court is to technically amend the system which is closely related to the demand for witnesses to appear in court and the necessity for witnesses to do so.