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证人出庭作证,对于保证案件事实的认定和程序的公正都有着极为重要的意义。然而众所周知,在我国的司法实践中,证人不作证的现象非常严重,证人作证的立法规定也饱受诟病。造成这种状况的原因是什么?证人作证的正当性和必要性何在?在当前的法制条件下,证人的权利义务如何实现?如何使我国的证人摆脱困境与尴尬,勇敢作证?如何在我国的诉讼制度改革和证据立法中完善证人制度?对于这些问题的回答,不但需要证据理论和司法实践对于证人作证问题的沟通认识,也要求我们对以公正和效率为目标的整个诉讼程序进行反思。近年来在证人作证问题的研究上颇有心得的三位年青学者,从理论和实践上深入剖析了我国证人制度存在的问题,从程序、实体和证据三个层面全面诠释了证人作证制度完善的一些基本理念。
Witness to testify in court, to ensure the facts of the case identified and the procedural fairness has a very important significance. However, as we all know, in our judicial practice, witnesses do not testify very seriously, and witness testimony of the legislative provisions are also subject to criticism. What are the reasons for this situation? What are the justifications and necessity of witness testimony? In the current legal system, how to realize the rights and obligations of witnesses? How to make our witnesses out of difficulties and embarrassments, courageous testimony? The reform of the litigation system and the improvement of the witness system in the legislation of evidence? The answers to these questions not only need the understanding of evidence theory and judicial practice on the witness testimony issues, but also require us to reflect on the entire litigation process aimed at fairness and efficiency. In recent years, the three young scholars who had some experience in the study of witness testimony have deeply analyzed the problems existing in China’s witness system from both the theory and the practice, and have fully explained the improvement of witness testimony system from the procedural, substantive and evidence levels Some basic ideas