论文部分内容阅读
随着《中华人民共和国刑事诉讼法》的修订,使得我国的庭审方式从原来的职权主义逐步转变为控辩式的当事人主义,刑事案件庭审对证人出庭作证的需求也不断加大。然而,近年来在刑事诉讼中证人拒绝出庭作证已成为严重困扰我国刑事审判的一个重要问题。为建立我国科学的证据体系和证据制度,本文对我国证人出庭作证的现状及原因进行了分析,并对证人拒绝出庭作证应采取的对策谈一些看法。
With the revision of “Criminal Procedure Law of the People’s Republic of China”, the trial method of our country has been gradually transformed from the original doctrine of authority to the prosecution-typed litigant doctrine. There is also a growing demand for trial of witnesses in court in criminal cases. However, the refusal of witnesses to testify in criminal proceedings in recent years has become an important issue that seriously plagues criminal trials in our country. In order to establish the scientific evidence system and evidence system in our country, this paper analyzes the current situation and reasons of witness testifying in court in our country and discusses some countermeasures that should be taken when witnesses refuse to testify in court.