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证人证言作为一项法定证据备受关注,其与刑事诉讼程序的顺利推进密切相关,而当前我国证人出庭作证机率小,这严重制约了庭审功能的发挥以及案件质量的提高。新刑诉法的出台使得强制证人出庭作证制度在我国得以确立,这既是我国刑事诉讼法的重大进步,同时也符合司法体制改革的要求,但我国刑事诉讼强制证人出庭作证制度仍存在种种弊端,如证人出庭作证的条件不清晰、法官的自由裁量权过大、不出庭作证的法定正当理由不充分、被告近亲属出庭作证除外规定不科学等。至此,为更好地防范冤假错案与保障当事人的合法权益,有针对性地对新刑诉法下强制证人出庭作证制度之完善进行探究迫在眉睫。
Witness testimony as a statutory evidence of concern, which is closely related to the smooth progress of criminal proceedings, witness the current witness in our country a small chance of testifying, which severely restricted the court trial function and improve the quality of cases. The introduction of the new Criminal Procedure Law makes it possible to establish a system of witness compelling witness in court in our country. This not only serves as a significant step forward in our country’s criminal procedure law, but also meets the requirements of judicial system reform. However, there are still some drawbacks in our country’s criminal prosecution system, If the conditions for the witness to appear in court to testify are not clear, the judge’s discretionary power is too large, the legal justification for not attending court testimony is not sufficient, and the near relatives of the defendant testify in court, except for unscientific requirements. So far, in order to better prevent the miscarriage of justice and protect the legitimate rights and interests of litigants, it is imperative to probe into the perfection of the system of compelling witnesses to testify in court under the new Criminal Procedure Law.