从经济分析的视角看刑事诉讼证人出庭问题

刑事诉讼证人出庭问题是我国新的庭审制度改革后,最难解决的问题之一,它严重地影响了庭审改革的成效,许多学者为解决这一问题都提出了许多建议,但由于我国缺少有效的案件分流措施,开庭率过高;同时司法财政体制的地方化,无法为证人权利保障提供足够的经费,使这些改革措施难以实现。只有完善案件分流措施,为证人提供足够的经费才能最终解决证人出庭难的问题。

Alternative Consideration of Appearance in Court of Criminal procedure Witness--from the angle of economic analysis

The problem of the appearance in court of the Criminal procedure witness has remained to be one of those that are most difficult to solve since the reform of the new court trial system, on the result of which the problem has a serious impact. Many a scholar has put forward the problem-solving suggestions. As there lack for the efficient measures of case distribution, the rate of courts is too high. Meanwhile, the localization of judicial finance makes it impossible to provide sufficient funds to guarantee the right of the witness, which in turn makes it hard to implement the reform measures. Only by perfecting the measures of case distribution can the problem be solved.