证人出庭作证是各国刑事诉讼普遍确立的制度,目前我国证人不出庭却成为常例,由此形成了证人不向法庭而向警察和检察官作证,书面证言代替证人出庭及警察不作证的三大怪现状。这些都根源于我国的司法制度不够健全,立法上存在诸多缺陷。所以,要完善刑事证人出庭作证制度,就应从立法和司法上下手。 Witness to testify in court is a commonly established system of criminal proceedings in all countries. At present, witnesses in our country do not appear before the court, which has led to the formation of three blameless witnesses who testify to the police and prosecutors before the court, witness testified instead of witnesses and the police did not testify status quo. These are rooted in our country’s judicial system is not sound enough, there are many shortcomings in legislation. Therefore, to improve the criminal witness to testify in court, we should start from the legislative and judicial.