构建我国刑事案件证人出庭作证制度

目前,证人不出庭作证已成为我国刑事司法审判的痼疾,书面证言的使用世所罕见,这无疑剥夺了被告人的对质权,极易造成认定事实和判决的错误,违背了现代诉讼制度最基本的要求,暴露出现行刑事诉讼证据制度的重大缺陷和人权保护观念的缺失。在刑事诉讼法面临修改之际,将证人必须出庭作证作为一项证据使用原则进行确定十分必要。文章通过剖析证人不出庭的危害及原因,以期将直接言词原则引入刑事诉讼,建立完善的证人出庭作证制度。

Establishing the System That Witness Must Present to Testify at Court in Criminal Trail

At present,the absence of the witness has become a barrier of the criminal trail in our country.It rarely sees the popularization of the affidavit;therefore,no doubt do they deprive the defendant of the confronting rights,leading to the twisting fact and wrong sentences easily,which not only run counter to the fundamental demands of the modern law system but also expose both the defect of the criminal law currently in effect in testimony system and the loss of human rights protection.As the criminal law's modifying,it is quiet necessary to confirm that witness must present to testify at court as a testimony-using principal.In order to perfect the deposing system,we are looking forward introducing the DIRECT VERDALISM principal to the criminal law by my analyzing the damage and causes of which the witness isn't present to testify at court.