论析刑事证人不出庭作证的原因及其对策

A Preliminary Analysis of the Reasons of Witnesses' Refusal to Appear in Court and Countermeasures

刑事证人拒绝出庭作证问题一直困扰着我们,解决此问题直接关系到我国刑事审判方式改革的成败,影响着司法改革所追求的公正与效率的价值目标的实现,为此,必须建立强制刑事证人出庭作证的法律规定,同时完善对证人的保护措施,实现刑事诉讼法的立法目的。

We are frequently nagged by the phenomenon that witnesses refuse to appear in court. The solution of the problem is directly related to the success of China's reform on the way of criminal trial. In addition, it influences the realization of justice and efficiency which judicial reform has been after. For all these reasons, it must be made compulsory for witnesses to appear in court. Meanwhile, measures must be taken to protect witnesses. In this way, the goal of the legislation of criminal procedure can be achieved.