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在我国司法实践中,证人拒绝出庭作证的现象十分普遍,已经成为困扰司法的一大因素,严重影响了审判的公正与效率。深究其原因,主要是由于法律制度本身存在缺陷,证人的权利与义务失衡,以及缺乏完善的证人出庭保障机制。应当通过完善证人制度,提高公民对作证义务的认识,加强证人权利保护的力度,同时通过建立证人经济补偿制度以及作证豁免制度等来改善我国证人作证难的现状。
In our country’s judicial practice, witness refuses to testify in court is very common and has become a major factor disturbing the judiciary, seriously affecting the fairness and efficiency of the trial. Studying its causes is mainly due to the flaws in the legal system itself, the imbalance of rights and obligations of witnesses, and the lack of a sound mechanism for the appearance of witnesses in court. The system of witness should be improved so as to raise citizens’ awareness of the obligation to testify, strengthen the protection of witness rights, and at the same time, improve the current situation of witness testimony in China by establishing a system of economic compensation for witnesses and a system of testimony exemption.