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证人出庭作证是证人的基本任务之一,世界各国普遍都以立法形式规定了证人出庭作证的义务。而证人出庭难是中国独特文化背景和司法制度下衍生出来的一种现象,它的存在不利于查明案件事实,影响了司法公正。我国应在立法上完善对证人保护的规定,增加给予证人经济补偿的规定,并规定证人不履行出庭作证义务的法律后果,同时应提高侦查人员依法取证的意识和能力,提高控辩审三方的业务水平和应变能力,及时依法惩处报复证人的违法犯罪行为。
Witness to testify in court is one of the basic tasks of the witnesses. All countries in the world have generally stipulated the obligation of witness to testify in court in the form of legislation. However, it is difficult for witnesses to appear in court as a phenomenon derived from China’s unique cultural background and judicial system. Its existence is not conducive to ascertaining the facts of the case and affecting the fairness of the judiciary. China should improve its legislation on the protection of witnesses, increase the economic compensation given to witnesses, and stipulate that witnesses fail to fulfill the legal consequences of the obligation to testify in court. At the same time, it is necessary to raise the awareness and ability of investigators to obtain evidence according to law, Level and ability to respond to promptly punish the criminal activities of retaliating witnesses according to law.