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目前我国司法实践中证人作证普遍采用书面证言,但书面证言缺乏真实性,可信度不大,为了查明案情,确保司法公正,证人必须出庭作证,而且控辩式庭审方式也要求证人必须出庭作证。我国证人出庭作证现状不容乐观,其原因是多方面的,有立法的缺陷和司法上的失范等原因。为了确保证人出庭作证,有必要采取一系列对策,既要克服立法上的不足,也要防止司法失范,还要把证人的责、权、利三者结合起来,以提高我国证人出庭作证的积极性和主动性。
At present, witness testimony in judicial practice generally adopts written testimony, but the lack of authenticity of written testimony is not credible. In order to find out the facts of the case and ensure judicial fairness, witnesses must testify in court, and the prosecutorial trial method also requires that witnesses must appear in court testify. The current situation of witness testifying in our country is not optimistic because of many reasons, such as the defects of legislation and the misconduct of justice. In order to ensure that witnesses appear in court to testify, it is necessary to take a series of measures to overcome the legislative deficiencies as well as to prevent the judiciary from being in the wrong place. It is also necessary to combine witness responsibility, power and benefits so as to enhance the enthusiasm of witnesses in our country to testify in court And initiative.