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证人出庭作证成为衡量刑事司法制度变革的重要因素之一。控辨双方在法庭举证传证过程中,要求证人出庭作证,对证人证言进行质证,控辩双方进行交叉询问成为庭审的关键。证人不出庭作证既有证人自身责任的原因,也有立法存在缺陷原因等诸多因素,完善刑事诉讼中证人的权利义务,加强对证人的司法保护是解决证人拒绝作证的主要方法,为此要推进刑事诉讼审判方式改革,真正改变“纠问式”为“控辩式”的审判方式。
Witness testifying in court becomes one of the important factors to measure the change of criminal justice system. During the process of giving evidences and evidences in court, both parties require the witnesses to testify in court and make testimony on the testimony of witnesses. The cross-examination between the prosecution and the defense parties becomes the key to the trial. Witnesses do not appear in court to testify both the cause of the witness’s own responsibility as well as the existence of defects in the legislation and many other factors, improve the rights and obligations of the witnesses in criminal proceedings, and strengthen the judicial protection of witnesses is to solve the main method of witness refused to testify, to this end to promote criminal Lawsuit trial reform, the real change “questioning style ” as “prosecution type ” trial method.