证人证言是我国刑事诉讼法规定的法定证据之一。证人证言与其他证据相比,由于证人不是案件的当事人,与案件没有利害关系,所以,其客观性较强,这对侦破刑事案件无疑是有好处的。但近几年,证人不愿作证,证人作证率比较低,尤其是证人出庭作证率不足5%。笔者认为保证和规范刑事诉讼中证人的权利和义务是减少证人拒绝作证或拒绝出庭作证的有效途径。 Witness testimony is one of the statutory evidences stipulated in China’s Criminal Procedure Law. Witness testimony Compared with other evidences, because the witness is not a party to the case and has no interest in the case, its objectivity is strong. This is undoubtedly good for criminal cases detection. However, in recent years, witnesses are reluctant to testify, witness testimony rate is relatively low, especially witness testimony rates in less than 5%. The author believes that guaranteeing and standardizing the rights and obligations of witnesses in criminal proceedings is an effective way to reduce the number of witnesses refusing to testify or refuse to testify in court.