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证人证言是重要的证据形式,但在证据适用中因为证人出庭率低成为制约证人制度的瓶颈。本文通过从五个方面分析我国实践中证人拒证和证言采信不足的原因,得出在我国现阶段不应建立强制证人出庭作证制度而是应当把注意力放在明确证人的法定范围,建立起有效的证人出庭补偿、保护等配套措施完善的制度构建上,使证人由畏惧出庭转由积极出庭,同时保障证人证言的真实性,提高证人证言采信率。
Witness testimony is an important form of evidence, but because of the low rate of witness attendance in the application of evidence, it is a bottleneck that restricts the system of witness. Based on the analysis of the reasons why there is insufficient evidence of witness testimony and testimony in our country from five aspects, this paper concludes that the system of compelling witness testifying in court should not be established at the present stage in our country. Instead, we should pay attention to the legal scope of witness, Effective witness appearing to court compensation, protection and other supporting measures to improve the system construction, the witness turned to court by the fear of positive appearance, while ensuring the authenticity of witness testimony, improve witness testimony confidence rate.