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在现代刑事诉讼中,证人出庭作证是诉讼的直接言词原则和控辩对抗原则的典型体现,但实践中证人出庭作证的比率极低。我国法律虽然规定了对举报人、证人权利的保护,但操作性严重缺失,实践效果堪忧。应当借鉴域外刑事证人保护制度,结合我国国情,合理构建与现代刑事诉讼机制相适应的证人权利保护体系。
In modern criminal proceedings, witness appearing in court testifies to the direct verbal principle of litigation and the typical manifestation of the principle of opposing prosecution and defense. However, the rate of witness testifying in court is very low in practice. Although China’s law provides for the protection of whistleblowers and witnesses’ rights, its operability is seriously lacking and its practical effects are worrisome. We should draw lessons from the system of criminal witness protection outside the territory and in light of the national conditions of our country, rationally construct a system of protecting the rights of witnesses that suits the modern criminal procedure mechanism.