证人出庭作证难的反思与制度重构——以减少证人出庭需求为视角

证人出庭率低、证人作证难已成为困扰我国三大诉讼正常运行乃至影响司法公正的一大顽疾,针对证人出庭作证的改革和完善措施学者们论述颇多,但是,大多偏重于正面促进证人出庭,而较少涉及减少法院出庭需求这个方面.造成证人出庭难的原因是多方面的,在我国司法资源紧缺的现状下,减少证人出庭需求不失为解决问题的一种相对合理的办法.

Reflect on the Difficulty for Witness Appearing at Court and the System Reconstruction——To reduce the demand for the attendance of witnesses

The low rate of witness's appearance at court and the difficulty of getting witness's true testimony have become a great problem which perplexes the three greatest litigation's normal circulation and affects our fair judicatory.There have been many works and discussions on reformation or perfection measures to increase witness appeareace.However,most of the measures have been over-emphasized in promoting witness's appearance rate,while neglected decreasing court's desire in the aspect.The writer thinks that...