辗转十五年,在保障人权和惩治犯罪的双重价值取向下,刑事诉讼法终于迎来第二次大修。此次修改的亮点之一,就是完善了证人出庭制度。虽然旧《刑事诉讼法》也规定了证人出庭,但却由于缺乏可操作性而导致实践中刑事案件证人出庭率很低。究其原因,比较一致的说法有:证人的人身财产安全缺乏保障,没有强制证人出庭规定,证人因出庭而支付的费用难以落实,于熟人社会关系中的传统文化影响等等。 After fifteen years of being removed, under the dual values ​​of safeguarding human rights and punishing crimes, the Criminal Procedure Law finally ushered in the second overhaul. One of the highlights of this revision is to improve the witness’s appearance in court. Although the old Code of Criminal Procedure also provided for the appearance of witnesses, due to lack of operability, the actual rate of witness appearances in criminal cases was very low. The reason for this is that the witness’s lack of security of personal and property rights, the absence of compelling witnesses to appear in court, the difficulty of witnesses in paying fees due to attend court, the traditional cultural influences on acquaintances’ social relations, and so on.