论我国刑事证人出庭难的原因和对策.pdfVIP

Abstract Abstract The evidence plays a vital role in the criminal prosecution, and it is the important basis to investigate case and determine the punishment of criminal offender, so people pay more attention to it. As one form of evidence, witnesss testimony has important value and cannot be substituted and pursued by lawsuit participants. But in the judicial practice the low rate of criminal witnesss appearing in court break peoples anticipation. Criminal witnesss not appearing in court not only makes value difficult to exert but also hinders the step of judicial reform and advancement of nomocracy. In this paper, the status of Chinas Criminal witnesses to testify in court and the reasons for an analysis and comparative study of methods used in other countries related to analog system, draw, with Chinas specific national conditions and judicial practice and experience on how to improve Chinas Criminal Procedure in Witnesses put the system following the recommendations and responses: Improve the relevant legislation on witness ，eliminate the contradictions and the uncertainty existing in the legislation now; Improve the judicial security, specification the rights and obligations of investigating authorities, courts, defense counsel in criminal proceedings; strengthening the education advocacy, enhance the peoples legal awareness, Strengthen the re-education of psychology, with a view to resolving Chinas Criminal the problem of witnesses to testify in court. Keywords ：Criminal Witness; Testify In Court; Analysis; Security Measures II 引 言 引 言 刑事诉讼进行的目的主要是有效地揭露、惩罚犯罪和充分地保障人权，证人证言这 一证据形式在发现案件真实、揭露犯罪中具有不可替代的作用。证人出庭作证，当庭接 受询问、质证，则可以在