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刑事诉讼过程中,证据具有十分重要的作用,证据越有力,越容易取得诉讼胜利。在证据中,形式之一即为证人证言,公安机关、检察机关及法律可以依据证人证言开展立案侦查、审查起诉及定罪量刑,所起的作用是其他证据形式无法替代的。新刑诉法实施后,修改了证人出庭作证制度,为证人的出庭提供了相应的保障,以促使刑事诉讼工作顺利开展。文章阐述了新刑诉法对证人出庭作证制度所做出的修改,并在新刑诉法视角下,分析了证人出庭作证制度失灵的可能性,探讨对其进行完善的建议。
Evidence plays a very important role in the process of criminal proceedings. The more powerful the evidence, the easier it is to win the lawsuit. In the evidence, one of the forms is the testimony of the witness. The public security organs, the procuratorial organs and the law can carry out investigation on the basis of witness testimony, examine and prosecute and conviction and sentencing, and their role can not be replaced by other forms of evidence. After the implementation of the new Criminal Procedure Law, the system of witness testifying in court was modified to provide appropriate protection for the appearance of witnesses in order to facilitate the smooth development of criminal proceedings. The article elaborates the changes made by the new Criminal Procedure Law on the system of witness appearing in court and analyzes the possibility of the failure of the witness to testify in court from the perspective of the new Criminal Procedure Law and discusses the suggestions on how to improve it.