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新《刑事诉讼法》规定了证人出庭作证的一些保障措施,可是新法实施以来效果并不理想,证人出庭率低的状况并没有得到改变。原因是立法及改革主要是从原因表象出发,并未触碰到导致我国刑事证人出庭制度难以落地,难以生根发芽的深层次原因。以案卷笔录为中心的刑事诉讼模式及我国熟人社会结构这两个因素则是导致人证出庭制度难以执行的原因,其中前者是根本原因,后者是重要制约因素。
The new Code of Criminal Procedure stipulates some safeguards for the witness to testify in court, but the effect has not been satisfactory since the implementation of the new law. The situation of witness’s low attendance has not been changed. The reason is that the legislative and reform mainly proceed from the appearance of reasons and have not touched the deep reason that the criminal witness system in our country is difficult to take place and can not take root. The criminal litigation model centered on the case file and the social structure of the acquaintance in our country are the two reasons that make it difficult to execute the court witness system. The former is the root cause and the latter is the important restriction factor.