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无论刑事还是民事案件,证人不愿出庭作证是全国各级法院普遍存在的现象。有资料显示,我国检察机关提起公诉的案件中,存在明确证人的超过80％,然而真正出庭作证的证人却不到5％。以笔者所了解的石家庄市桥东区法院、长安区、裕华区、市中级人民法院为例,2002年刑事证人出庭率不到应出庭人数的2％,民事案件证人出庭率不到应出庭人数10％。证人不愿出庭作证、证人出庭难是在中国独特的历史文化背景下衍生出来的一种客观事实。这种现实是由多种原因造成的,既
Whether a criminal or a civil case is involved, the unwillingness of witnesses to testify in court is a widespread phenomenon in courts across the country. Data show that prosecutors prosecutors in our country have more than 80% of the witnesses explicitly stated. However, less than 5% of the witnesses actually testify in court. Take the case of Qiaodong District Court, Chang’an District, Yuhua District and Intermediate People’s Court of Shijiazhuang City, which I understand, for example, the rate of criminal witness appearing in court in 2002 is less than 2% of the number of persons appearing in court. The number of 10%. Witnesses do not want to appear in court to testify, witness difficult to appear in the unique historical and cultural background of China derived from an objective fact. This reality is caused by a variety of reasons, both