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长期以来,对于我国的刑事司法实践造成困扰的一个痼疾就是证人受到各种原因的影响而不愿意出庭,这就导致有着比较低的出庭率。由于在之前,司法机关与相关的人员针对证人出庭往往也仅仅只是晓之以理、动之以情去做到争取,可是根据司法部门公布的相关数据显示,从全国范围来看,法院在进行的一审刑事案件的审判过程当中,只有不到一成的证人出庭,而在二审审判当中只有不到5%的证人出庭率。本文针对新修改的刑事诉讼法,把证人出庭当成作证制度所需要重点解决的问题,此次所做的修改,有着1/9的条文涉及到证人制度,如今我国高度重视刑事诉讼当中的证人出庭制度,可是,本次所做的修改对于证人出庭制度并没有做到完全完善,在之前过于笼统的的诉讼法对于证人保护的条款背景下,执行起来显得有着诸多不便,本文则对于证人出庭制度来对于我国证人出庭的利弊进行论述。
For a long time, one of the problems that has plagued the practice of criminal justice in our country is that witnesses are not willing to appear due to various reasons, which leads to a relatively low attendance rate. In the past, judiciary and related personnel witnesses appear often only just know the reason and move to fight for love, but according to the relevant data released by the judiciary, from a national point of view, the court is in progress Less than 10% of the witnesses appear before the court, while less than 5% of the witnesses appear before the court in the trial of second instance. This article aims at the newly revised Criminal Procedure Law, which takes the witness appearing in court as the key problem to be solved in the system of testimony. The revision made 1/9 clauses relate to the witness system. At present, China attaches great importance to the appearance of witnesses in criminal proceedings However, this amendment has not completely improved the system of witness’s appearance of court, and the procedural law, which was too general before, appeared to be inconvenient for the implementation of the terms of witness protection. To discuss the pros and cons of our witnesses appearing in court.