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当前,证人担心利益受损的顾虑,控方对当庭“翻供”的担忧,法官对庭审难度增加的困扰,这些因素综合导致了贿赂类案证人出庭面临实践困境。应从贿赂犯罪案件特点与证明实践以及检察机关职能角度,把握贿赂类案证人出庭的必要性。通过确立贿赂类案庭审中的言词诉讼原则,建立传闻法则,细化证人出庭作证保障措施,设立证人出庭作证豁免义务,完善此类案件证人出庭的规则与制度配套。
At present, the concern of witnesses concerned about the damage of interests, the concern of prosecutors over the court proceedings, and the increasing difficulty of judges in courtroom trials have all led to the plight of witnesses in bribery cases in court. The necessity of court appearance in bribery cases should be grasped from the point of view of the characteristics of bribery cases and their proof practice as well as the functions of procuratorial organs. Through the establishment of the principle of verbal litigation in the trial of bribery cases, the article sets up the rules of hearsay, elaborates the safeguard measures for witness to testify in court, establishes the obligation of witness to testify in court, and improves the rules and system support for the appearance of witnesses in such cases.