论证人出庭作证制度

建立完善的证人出庭作证制度,有助于控辩式诉讼模式的实行和推动庭审方式的改革。我国现行立法中缺乏证人拒绝作证时的应对措施及严谨的证人保护制度。建议立法明确证人必须出庭作证的法定义务和不履行义务的法律责任:明确证人拒绝作证的适用范围和情形;建立完善的证人人身保护制度;明确规定证人享有经济补偿权。

On System Witness'''' Testification in Court

Establishing the perfect system of witness' testification in court is beneficial to promote the execution of litigation mode of accusation and defense, to push the reformation of court judgment. There are no countermeasures in the current laws in our country to reply the case that witness refuses to testify, and no careful witnesses' protection system. Suggest to definite the duty that witness must be present in court and the compulsory lawful duty if he refuses; to the situations and ranges in which witness can refuse; to establish and perfect the witness' safety protection system; and to definite the right with which the witness can possess the economic compensation.