论文部分内容阅读
证人证言是我国诉讼法所规定的证据的重要形式,它对查明事实真相,保障司法活动的公平、公正,维护当事人的合法权利有着十分重要的作用。目前,证人出庭作证难已经成为严重困扰我国刑事审判的一个重要问题,在一定程度上已成为阻滞我国法治发展的羁绊。究其原因主要是:对证人的保护不力,证人的权利和义务不平衡,证人拒证的法律后果不明确。解决证人出庭作证难的问题,对公正、合理、高效地审理案件具有重要意义。
Witness testimony is an important form of evidence stipulated in the procedural law of our country. It plays a very important role in ascertaining the truth, safeguarding the fairness and impartiality of judicial activities and safeguarding the legitimate rights of litigants. At present, witness testifying in court has become an important issue that seriously plagues criminal trials in our country, to a certain extent, it has become a fetter that blocks the development of our rule of law. The main reasons are: the protection of witnesses ineffective, the rights and obligations of witnesses are not balanced, the legal consequences of witnesses refused to confirm is not clear. Solving the problem of the witness being in court to testify hard is of great significance to hearing cases fairly, reasonably and efficiently.