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面对证人出庭作证之低迷事态的普遍境况,尤其是证人不愿意出庭作证,不敢出庭作证,甚至是违背内心道德底线的伪证性状行为也时有发生。从证人出庭作证的微观视角来看待讨论庭审形式化,此种以卷宗材料为中心的审判机制正是通过或前或后阅卷,实质上对证据的可采性以及证据资格都没有做到有力度的审查。新刑事诉讼法的庭审制度的变迁根本上没有实现庭审程序应当置于阳光、开放、公平空间之中,以此来凸显证人证言的庭上审查制度作为司法活动功能性目标实现的原设计路径的良性展开。
Faced with the prevailing downturn in witness testimony, witness reluctance to appear in court to testify, dare not appear in court to testify, or even violate the bottom line of moral perverse behavior of perjury also occur from time to time. From the microscopic perspective of the witness appearing in court to discuss discussing the formalization of the court trial, the trial mechanism centered on the file of the casey material is just before or after passing the examination. In essence, both the admissibility of evidence and the qualification of evidence have not been strengthened Review. The change of the court trial system of the new criminal procedure law does not basically realize that the court trial procedure should be placed in the sunshine, open and fair space, so as to highlight the court review system of witness testimony as the original design path of realizing the functional goal of judicial activities Benignly expand.