英文摘要 |
Whether the witness appears in court or not is not only related to the accurate investigation of the truth of the case, but also directly related to whether the defendant' s right to defense can be properly respected and guaranteed. Through sorting out 420 judgment documents, it can be found that the people's court mainly focuses on the accuracy of fact determination in the application of the ''necessity of appearing in court'' clause, but lacks due attention for the defendant's litigation rights. Nowadays, the protection of rights has become the mainstream discourse of criminal justice, so it is necessary to interpret this clause normatively ''with the right of confrontation as the center''. However, in the process of case application, in order to achieve the dynamic balance and relative stability of multiple legal interests behind the witness's appearance in court, the exercise of the confrontation right should be flexible. In the case of substantive objections raised by the prosecution and the defense, the judge should, in principle, allow the witness to appear in court, and ought to provide convincing reasons even if it is deemed not necessary'' in exceptional circumstances. Therefore, under the basic framework of the principle of proportionality, it is necessary to construct the sufficient reasons for the people's court to consider that ''witnesses are not necessary to appear in court'' in order to maximize the realization of fair trial. |