刑事证人作证方式分析及其完善

刑事证人出庭作证是控辩式庭审方式的必然要求,然而在证人不能或不便出庭作证的情况下,允许证人不出庭作证而仅在法庭之外提供证言又是及时查清、证明案件事实的需要。因此,现代法治国家普遍在实行证人出庭作证为原则的同时,又以证人不出庭作证为例外和补充。在我国现实条件下,证人不出庭作证问题的出现有其必然性。漠视一定范围内和一定条件下允许证人不出庭作证的必要性,会导致对证人不出庭作证采取片面、过激措施。正视证人不出庭作证现象及其存在的问题,合理规范证人不出庭作证的范围和程序,应当成为完善我国证人作证制度的一个重要方面。

Analysis on the Ways and Improvement of Witness Testifying

It is necessary in a adversary trail system that witnesses come to court to give their testimony. However, permitting some witnesses offer testimony out-of-court under some circumstances is also important for finding out the truth. In most of the modem countries, witnesses should testifying in court in principle, while a few exceptions are allowed also. Under the existing situations of China, the problem of witnesses' failure to testify on the witness stand is unavoidable. Ignoring the necessity of permitting witnesses offer testimony out-of-court under some conditions can result in going too far to treat with witnesses' failure to testify in court. Thus, one of the most important aspects of perfecting the rules of testifying is to adopt a correct attitude towards witnesses' failure to testifying in court, as well as to rule reasonably the conditions and procedure of witnesses testifying out-of-court.