论文部分内容阅读
证人出庭作证对于查明案情、核实证据、正确判决具有重要意义。证人证言是证人就其所感知的案件情况向法院所作的陈述,是刑事诉讼的重要证据之一,在案件审理过程中发挥着决定性作用。但在司法实践中,证人出庭作证这一制度一直流于形式,证人、鉴定人应当出庭作证而不出庭的问题比较突出,影响审判的公正性,需要进一步予以规范。证人作证难问题却长期以来一直困扰着我国的立法和司法部门,制约着新的庭审方式效能的充分发挥。因此要想最大程度上的实现司法公正,必须进一步改善当前不合理的证人制度,从立法层面上为证人制度的全面完善提供强有力的法律支撑。
Witness to testify in court for the investigation of the facts, verify the evidence, the correct judgments of great significance. Witness testimony is a statement made by the witness to the court regarding his perceived cases. It is one of the important evidences of criminal proceedings and plays a decisive role in the hearing of the case. However, in judicial practice, the system of witness appearing in court has been a mere formality. The problems that witnesses and appraisers should appear in court to testify rather than appear in court are more prominent, which affects the fairness of the trial and needs to be further regulated. The difficult issue of witness testimony has long plagued our country’s legislative and judicial departments and has restricted the full effectiveness of the new courtroom. Therefore, in order to maximize judicial fairness, we must further improve the current unreasonable witness system and provide strong legal support for the complete improvement of the witness system from a legislative perspective.